Ref. Ares(2011)87573 - 26/01/2011
EUROPEAN COMMISSION
DIRECTORATE GENERAL FOR RESEARCH & INNOVATION
The Director-General
Brussels,
RTD/SRJ (2011)
NOTE FOR THE ATTENTION OF
MR. JACK METTHEY (RTD.DDG1.A)
MR. FRANCO BISCONTIN (RTD.DDG1.M)
MR. OCTAVIO QUINTANA TRIAS (RTD.DDG2.B)
MS. CLARA DE LA TORRE (RTD.DDG2.C)
MR. ISI SARAGOSSI (RTD.DDG2.D)
MS. MAIVE RUTE (RTD.DDG3.E)
MS. RUXANDRA DRAGHIA-AKLI (RTD.DDG3.F)
MR. HERBERT VON BOSE (RTD.DDG3.G)
MR. ANDRAS SIEGLER (RTD.DDG3.H)
MR. RAFFAELE LIBERALI (RTD.DDG3.K)
MS. MANUELA SOARES (RTD.DDG3.I)
Subject: Protection of personal data in RTD public procurement procedures –
Update of the model notification DPO-2978 on public procurement.
Reference: m/note n°RTD R6/TB/I(2009)11291 of 10/06/2009
DG BUDG has modified in March 2010 in its public procurement model contracts the
clauses relating to personal data protection issues. In particular, a clause concerning the
processing of personal data on behalf of the Commission by its contractors, and which
my predecessor had asked to be used in RTD procurement contracts from 10th June 2009,
has been incorporated in these model contracts.
The related generic notification, DPO-2978, has been updated accordingly
(from version
2 to version 3), as well as the corresponding model privacy statement. Please note that
this 3rd version of this notification also covers the selection of experts out of the scope of
framework programmes projects evaluation, selection and review, which are addressed
through the front-end and back-office RTD notifications DPO-978 and DPO-2382
(currently in a revision process).
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: SDME 02/104 - Tel. direct line +32 229-63296
xxxxxxxxxx.xxxxx@xx.xxxxxx.xx
The purpose of notification DPO-2978 is to manage and administrate procurement
procedures respectfully of Regulation
(EC) N° 45/20011, including in particular the
provision of evidence of the technical and professional capacity of tenderers, their staff
and subcontractors. It is applicable to RTD public procurement procedures from their
launch up to the conclusion of the contracts, cancellation or abandonment, or up to the
publicity of the results.
Therefore, I am pleased to circulate an update of the annexes of the note in reference: the
notification DPO-2978 V3 in
Annex 1, the data protection clauses for invitations to
tender in
Annex 2, the model specific privacy statement2 in
Annex 3, the updated contract
clauses in
Annex 4, as well as guidelines to be followed by processors in
Annex 5.
I thank you to review the situation of the use and storage of personal data within your
directorate and to make sure that the above instructions are complied with.
Robert-Jan SMITS
Director-General
Enclosure: 5 Annexes
Copies: A. Pauli, W. Burtscher, R. Strohmeier
(DGAs), C. Sebastiani, N. Gillissen, T.
Bourgeois
(DPC)
1 Of 18 December 2000 on the protection of individuals with regard to processing of personal data by
the Community institutions and bodies and on the free movement of such data.
2 The link to which is provided in the model of Invitation to tender.
2