ESIF privacy notice for SMEs
Information you need to know:
Liverpool John Moores University (LJMU) works closely with local partners, often small and medium size company’s (SME’s) to ensure that important projects with a public benefit can be properly funded with help from European Structural and Investment Funding (ESIF).
ESIF provides funds to help local areas grow. Under ESIF there are two relevant funds running from 2014 to 2020 to support investment in innovation, business, skills and employment and to create jobs:
(1) European Regional Development Fund (ERDF) which supports research and innovation, small to medium sized enterprises and creation of a low carbon economy. The Ministry for Housing, Communities and Local Government (MHCLG) administer the ERDF funds and control what data is collected and whom it is shared with.
(2) European Social Fund (ESF) which focuses on improving the employment opportunities, promoting social inclusion and investing in skills by providing help to people needing to fulfil their potential. The Department of Work and Pensions (DWP) administer the ESF funds and control what data is collected and whom it is shared with.
Projects are part funded by one of these funds.
In any ESIF project, a lead partner works to administer the funding and provide support on behalf of the Government. They may also work with other partners.
As a ‘Partner’ or ‘Lead Partner’, LJMU processes (uses) personal data for this project on the strict instruction of MHCLG and/or the DWP who are the Data Controllers. This means they tell us what personal data to collect and how to process it.
For more information about how the MHCLG may use and share your information in projects funded by European Regional Development Funding please see their Privacy Notice. You can contact the MHCLG directly at: firstname.lastname@example.org
For more information about how the DWP may use and share your information in projects funded by European Social Funding please see their Personal Information Charter. You can contact the DWP directly at: email@example.com
LJMU takes your privacy very seriously. This privacy notice explains how we use your personal information for this project and your rights regarding that information. We are committed to being transparent about how we collect and use your data and to meeting our data protection obligations.
LJMU’s Data Protection Officer can be contacted at DPO@ljmu.ac.uk. You can contact our DPO if you have any further questions about how we use your personal data.
What information are we collecting?
We will collect company details and your contact details (including your name, address, postcode, phone number, email address). If you are a sole trader, we will also collect your unique tax reference number.
We may also collect your gender, age, disability and ethnicity in order to support ongoing evaluation of the ESIF funding programme.
Why are we collecting your data and what is the legal basis for this?
We collect your data to check your eligibility for support and to comply with our contractual obligations under the ERDF/ESF funding agreement(s) that subsidise the project(s).
We also use your data to identify which groups and types of organisations have received support and to inform future policy decisions.
We will process personal data in the ESIF programme according to the following lawful basis:
Article 6(1)(e) of the EU General Data Protection Regulation (GDPR):
‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller’.
The lawful basis for controlling or processing `special category’ data under ERDF/ESF is: Article 9(2)(g) GDPR
“processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;”
The information you share with us is intended for use by the MHCLG and DWP to satisfy the European Commission’s audit requirements and to enable statistical analysis.
Who has access to this data?
Your personal data will be used only by relevant LJMU staff where the data is necessary for them to undertake their designated role.
Your data will be shared only with other Partners to a project on a need to know basis to record support provided, for reporting purposes and for subsequent evaluation of the programme. Examples of these partners include
- Other Higher Education institutions,
- NHS bodies
- Liverpool City Region Local Enterprise Partnership
- Local Authorities
- Regional Growth Companies
- Other government Departments
How does the university protect data?
The University takes Data Protection very seriously. The information we collect is stored safely and securely and processed in accordance with GDPR.
For how long does the university keep your data?
Your data will only be kept as long as is required under the funding agreement and to comply with audit requirements. Current European Document Retention Guidance states that original documents relevant to the implementation and financing of ESIF projects must be retained either electronically or as a paper copy, until a minimum of two years after the Audit Authority submits the Annual Control Report for the Programme as a whole, currently estimated to be at least 31st December 2033.
As a data subject, you have a number of rights. You can:
- Access and obtain a copy of your data on request
- Ask the University to correct incorrect or incomplete data
- Ask the University to delete or stop processing your data, for example where the data is no longer necessary or legally required for the purposes of processing
- Request transfer of your data to another party
If you would like to exercise any of these rights, please contact the Data Protection Officer DPO@ljmu.ac.uk
What if you do not provide data?
We need to collect personal data from you to check your eligibility for support and to comply with our contractual obligations under the funding agreement(s) that subsidise the project(s).
If you do not provide the information to us, we will not be able to offer you the support.
You are under no obligation to provide us with monitoring information such as your age, gender, ethnicity and health data and it will not affect your support if you do not wish to supply that information on the form.
Transfers of data outside the UK
Generally, we do not send your personal data outside the UK. However, in some specific cases, we may transfer the personal data we collect to countries outside the UK in order to perform our contract with you/or a contract with another organisation that requires your personal data i.e. a collaboration agreement with a university based outside of the UK. Where we do this, we will ensure that your personal information is protected by way of an ‘adequacy regulation’ with the UK or by putting alternative appropriate measures in place to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the UK laws on data protection. For example model contractual clauses, data sharing/data processing agreement and binding corporate rules (where applicable).
Automated decision making
We will not make any decisions about you automatically using a computer, based on your personal data. All decisions affecting you will be taken by a human.
How to complain to the Information Commissioner's Office?
You have the right to complain to The Information Commissioner if you believe that our processing of your personal data does not meet our data protection obligations. The Information Commissioner can be contacted:
Post: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK95AF.
Telephone: 0303 123 1113.
Email: contact can be made by accessing www.ico.org.uk