Ref. Ares(2021)2373346 - 07/04/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
Ecosystems II: Tourism & Proximity
G3. Digital transformation of industry
Brussels, 07/04/2021
GROW.G.3/AV/CS
Subject: Your application for access to documents – GESTDEM 2021/0780
Dear Sir,
We refer to your e-mail of 16 February 2021 in which you make a request for access to
documents, registered on 17 February 2021 under the above mentioned reference number.
You request access to:
- All documents - including but not limited to minutes, (hand-written) notes, audio recordings,
verbatim reports, operational conclusions, lines to take, e-mails, and presentations - related to the
meetings members of DG Internal Market, Industry, Entrepreneurship and SMEs below the level
of Commissioner and Cabinet have held with interest representatives on the Digital Services Act
and the Digital Markets Act (including previous iterations of the proposals such as New
Competition Tool and Markets Investigation Tool) since 01 August 2020 until the date of your
request;
- All correspondence (i.e. any emails, correspondence, telephone call notes, and/or text messages
including WhatsApp exchanges) between members of DG Internal Market, Industry,
Entrepreneurship and SMEs below the level of Commissioner and Cabinet have held with
interest representatives on the Digital Services Act and the Digital Markets Act (including
previous iterations of the proposals such as New Competition Tool and Markets Investigation
Tool) since 01 August 2020 until the date of your request;.
Your application concerns the following documents:
Nr.
Title
of Type
of Date
of Organisation
ARES Number
document
document
document
concerned
1
AFEP's
Incoming E-mail 30.09.2020
French
Ares(2021)2056148
positions on a
Association
of
new
Large
competition
Companies
tool
for
competition
(NCT) and the
Digital
Services Act
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: N105 09/025
2
Meeting
internal E-mail
07.10.2020
Ares(2020)6115490
report: Virtual
meeting
with
LVMH
– 7
October 2020
3
Quick
notes Internal E-mail
28.10.2020
Spotify
Ares(2021)2055505
from
the
Spotify
meeting
4
Flash report - Internal E-mail
30.10.2020
Digital Europe
Ares(2021)2055408
webex
discussion with
Digital Europe
30.10.2020
5
Our notes on Internal E-mail
9.11.2020
DuckDuckGo
Ares(2021)2055671
DuckDuckGo
6
Briefing
Internal briefing
12.11.2020
Association
of Ares(2021)2055792
Commercial
Television
7
Flash
report Internal E-mail
13.11.2020
Association
of Ares(2021)2170723
call
with
Commercial
Association of
Television
Commercial
Television 13
November
2020
With regard to the documents listed above, a complete disclosure of the identified documents is
prevented by the exception concerning the protection of privacy and the integrity of the individual
outlined in Article 4(1)(b) of Regulation (EC) No 1049/2001, because they contain the following
personal data:
– the names/initials and contact information of Commission staff members not pertaining to the
senior management;
– the names/initials and contact details of other natural persons;
– handwritten signatures/abbreviated signatures of natural persons;
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you for a
specific purpose in the public interest and where there is no reason to assume that the legitimate
interests of the data subject might be prejudiced. In your request, you do not express any particular
interest to have access to these personal data nor do you put forward any arguments to establish the
necessity to have the data transmitted for a specific purpose in the public interest.
2
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access
cannot be granted to the personal data contained in the requested documents, as the need to obtain
access thereto for a purpose in the public interest has not been substantiated and there is no reason to
think that the legitimate interests of the individuals concerned would not be prejudiced by disclosure
of the personal data concerned.
Please note that the document
registered under
Ares(2021)2056148 originating from third parties is
disclosed to you based on Regulation (EC) No 1049/2001. However, this disclosure is without
prejudice to the rules on intellectual property, which may limit your right to reproduce or exploit the
released document without the agreement of the originator, who may hold an intellectual property
right on it. The European Commission does not assume any responsibility from their reuse.
As regards the other documents, which represent summary records of meetings with external
parties, these documents were drawn up for internal use under the responsibility of the relevant
services of the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs. They
solely reflect the services’ interpretation of the interventions made and do not set out any official
position of the third parties to which the documents refers, which were not consulted on their
content. They do not reflect the position of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article 7(2) of
Regulation (EC) No 1049/2001, to submit a confirmatory application requesting the Commission to
review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this
letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Amaryllis VERHOEVEN
Head of Unit
3
Enclosure:
- AFEP's positions on a new competition tool for competition (NCT)
and the Digital Services Act
- Meeting report: Virtual meeting with LVMH – 7 October 2020
- Quick notes from the Spotify meeting
- Flash report - webex discussion with Digital Europe 30.10.2020
- Our notes on DuckDuckGo
- Briefing
- Flash report call with Association of Commercial Television 13
November 2020
4
Electronically signed on 07/04/2021 10:09 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
