Information on the implementation of data protection requirements according to the General Data Protection Regulation (DSGVO) of the Berlin School of Economics and Law (HWR Berlin) when awarding public contracts
The Procurement Office of the HWR Berlin processes personal data in addition to company-related data in the course of awarding public contracts. With this data protection notice, we would like to inform you about the processing of your personal data.
1. who is responsible for data processing?
Berlin School of Economics and Law
Procurement Office / Procurement Department
Badensche Str. 52
10825 Berlin
vergabe@hwr-berlin.de
2. what are the contact details of the data protection officer(s)?
Data Protection Officer of the HWR Berlin
Vitali Dick (HiSolutions)
datenschutz@hwr-berlin.de
3. What is the legal basis and purpose of the processing of personal data?
The Public Procurement Office of the HWR Berlin must observe public procurement law when awarding public contracts. This includes, in particular, the Act against Restraints of Competition (GWB), the Regulation on the Award of Public Contracts (VgV), the Subthreshold Award Regulation for Supply and Service Contracts (UVgO), the Berlin Tendering and Award Act (BerlAVG), the State Budget Code (LHO) and the Administrative Regulation on Procurement and the Environment (VwVBU).
The processing of personal data serves to carry out the award procedure and is based on Art. 6(1)(c) in conjunction with Art. 6(3) DSGVO.
Without the data as well as the required information, no award can be made, as submitted bids are incomplete and must therefore be excluded.
In this context, the Procurement Office of the HWR Berlin also refers to Section 3 of the Berlin Data Protection Act.
4. What personal data is processed?
We collect, process and use the data that you provide to us as part of the award procedure. These are in particular:
- Personal contact details and names of bidders, insofar as they are natural persons or partnerships, and contact details of contact persons of the bidders (e.g. first and last name, address, e-mail address, telephone number),
- Data on the qualification/suitability of the bidder’s employees, references on comparable services performed in the past.
- Any further data will only be collected if we are legally obliged to do so or if you have given your consent.
5. How do we process this data?
Your data will be documented as part of the award procedure and attached to the award file. The data is subject to the retention periods for award documents under national law, so that it must be retained for ten years.
6. Will the personal data be passed on?
All personal data processed within the scope of legal obligations will only be disclosed if the transfer is legally permissible or you have consented to the transfer.
Recipients on the basis of a legally permissible transfer may include in particular:
Unsuccessful bidders who submit an application pursuant to Section 62 (2) VgV or who are to be informed of the characteristics and advantages of the successful bid as well as the name of the successful bidder pursuant to 46 (1) UVgO.
When awarding public contracts with a contract sum of 30,000 euros or more (excluding VAT), the contracting authority must obtain information from the central business register (from 01.06.2022: competition register) for the bidder who is to be awarded the contract.
The body for reviewing alleged violations of procurement provisions (Procurement Chamber).Courts in the event of legal action.
7. How long is personal data processed?
The retention periods for award documents under national law apply to the processing and storage of personal data.
8. What rights do data subjects have?
You have various rights under the GDPR. More detailed information can be found in particular in Articles 15 to 18 and 21 of the GDPR.
In some cases, the right may or may not be exercised. If this is not permitted by law, we will inform you of the reason for the refusal.
Right of access
There is a right of access to the personal data processed by the awarding body.
Right of rectification
There is a right to rectification if the personal data of the data subject are not (or no longer) accurate. In the case of incomplete data, completion may be requested – taking into account the purposes of the processing.
Right to erasure
The data subject may request the erasure of his/her personal data. However, the right depends, among other things, on whether the data are still needed to fulfil the tasks.
Right to restriction of processing
The data subject has the right to request the restriction of processing. The restriction does not prevent processing insofar as there is an important public interest in the processing.
Right to object
Insofar as the personal data of the data subject are processed on the basis of Art. 6(1)(e) DSGVO, the data subject has the right to object at any time to the processing of the data relating to him or her on grounds relating to his or her particular situation, unless an overriding public interest or a legal provision precludes such objection. Likewise, there may be an objection if the processing is still necessary for the implementation of the award procedure or the execution of the contract.
The objection must be addressed to the awarding authority.
Right of withdrawal
Every data subject has the right, insofar as personal data are processed on the basis of consent, to revoke this consent with effect for the future. The lawfulness of the processing carried out on the basis of the consent until the revocation remains unaffected by the revocation.
The revocation must be addressed to the awarding body.
Right of appeal
Without prejudice to any other legal remedy, any data subject may lodge a complaint with the State Commissioner for Data Protection and Freedom of Information if he or she considers that the body providing the information has not complied with its obligations or has not complied with them in full.
Contact details of the Land Data Protection Commissioner(s):
Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstr. 219
10969 Berlin
Tel.: +49 (0)30 13889-0
Fax: +49 (0)30 2155050
E-mail: mailbox@datenschutz-berlin.de