Privacy Statement


Privacy Statement

Processing operation: Management of user accounts, access rights, and training facilitation for customs and taxation officials within the Customs & Tax EU Learning (LMS) portal, aimed at improving learning and cooperation among EU and national administrations.

Data Controller: TAXUD E3

Record reference:  DPR-EC-09088.2


Table of Contents

1.      Introduction

2.      Why and how do we process your personal data?

3.      On what legal ground(s) do we process your personal data?

4.      Which personal data do we collect and further process?

5.      How long do we keep your personal data?

6.      How do we protect and safeguard your personal data?

7.      Who has access to your personal data and to whom is it disclosed?

8.      What are your rights and how can you exercise them?

9.      Contact information

10.  Where to find more detailed information?

1.    Introduction

The European Commission (hereafter ‘the Commission’) is committed to protect your personal data and to respect your privacy. The Commission collects and further processes personal data pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data (repealing Regulation (EC) No 45/2001).

This privacy statement explains the reason for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller with whom you may exercise your rights, the Data Protection Officer and the European Data Protection Supervisor.

The information in relation to processing operation “Customs and Tax EU Learning Portal “.  undertaken by DG TAXUD – Unit E.3. is presented below.

 

2.    Why and how do we process your personal data?

Purpose of processing operation: Unit E.3 of DG TAXUD collects and uses your personal information to support the access to the Customs & Tax EU Learning (LMS) portal which was specifically developed to address competency-based customs and tax officials learning and development, aiming therefore at increasing the overall performance development of national administrations staff. All features are designed for ‘co-management’ and ‘co-organisation’ by and with national administrations and European Commission.

The portal is developed for a specific public sector audience, to facilitate and enhance EU Customs and Tax administration’s cooperation in learning and staff development.

Processing of personal data is necessary

·         To allow trainees to follow courses, manage their profile and training plan, attend events or to receive notifications.

·         To enable the management of courses, events and news by the European Commission or national administrations (co-management and co-organisation).

·         To produce reports necessary for course or event owners, and statistics for the portal usage.

The data subjects can be summarized as follows:

·          Public sector:

o   European Commission officials and other persons working for the EU institutions;

o   Customs/Taxation experts / officials from National Authorities;

o   Training departments from National administrations, including the Training Support Group members;

o   Customs/Taxation Officials from non-UE countries;

·          Private sector - economic operators (including lawyers & academics) in the field of customs and taxation, in EU and worldwide

The provision of personal data is not mandatory to get a public access to the Portal 

Your personal data will not be used for an automated decision-making including profiling

 

3.   On what legal ground(s) do we process your personal data?

We process your personal data because 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 Union institution or body.

Processing of personal data is necessary for providing access to Customs & Tax EU Learning (LMS) portal in the framework of

·         Customs and Fiscalis programmes in order to support the activities performed based on the Customs Programme (Regulation (EU) 2021/444 Regulation (EU) 2021/444 of the European Parliament and of the Council of 11 March 2021 establishing the Customs programme for cooperation in the field of customs)

·         and Fiscalis Programme (Regulation (EU) 2021/847 of the European Parliament and of the Council of 20 May 2021, establishing the Fiscalis programme for cooperation in the field of taxation)

The portal is an IT capacity-building action, in particular the development and operation of European electronic systems, which supports a human-competency and other capacity-building action, including training and exchange of best practices.

In line with Art. 5.15 (d) (EU) 2018/1725), the data subject has given consent to the processing of his or her personal data for one or more specific purposes. 

 

4.    Which personal data we collect and further process?

The provision of personal data is not mandatory to get a public access to the Portal. However, the provision of personal data is mandatory to grant the registered users the proper access to the full features of the portal.

In order to carry out this processing operation the Data Controller (TAXUD Unit E.3) collects the following categories of personal data:

Identification data created by the user in EU-Login and imported in LMS: EU login username, first name, last name and e-mail address.

 

User profile data, data provided by the user for his profile:

 

·         Mandatory data: institution (employer) type, institution name, industry (domain).

·         Optional data: country, time zone, preferred language of communication, institution department, topics of interest, option to activate the (guided) tour, landing page (Dashboard or Home).

 

Event specific data: information for applying, registering and attending an event; information for the validation and the management of participants by the event manager.

 

Course related data: courses recently viewed, courses started and/or finished, courses in the user training plan, certificates or badges awarded, competencies developed.

News subscription data: email address, frequency, preferred language, policy areas.

The provision of personal data is mandatory to meet a statutory requirement under the Customs and Fiscalis programmes. If you do not provide your personal data, possible consequences are not being able to log-in and benefit from the trainings and events offered through the portal for registered users.

We have obtained your personal data from UE Login and directly from you on a voluntary basis.

 

5. How long do we keep your personal data?

Unit E.3. of DG TAXUD only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing, namely for one year after your last login or upon request for deletion. The system will notify the user two times per email on his account deletion, every time with one month interval. After the account is deleted, all associated data is deleted, with no option to be restored. 

 

6.   How do we protect and safeguard your personal data?

All personal data in electronic format (e-mails, documents, databases, uploaded batches of data, etc.) are stored in the Amazon cloud (AWS) infrastructure. The cloud capacity in AWS is provided by DIGIT through a contract with Amazon for cloud services and provided on EU based facilities.

All processing operations are carried out pursuant to the Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission.

The Commission’s contractors are bound by a specific contractual clause for any processing operation of your data on behalf of the Commission, and by the confidentiality obligations deriving from the transposition of the General Data Protection Regulation in the EU Member States (‘GDPR’ Regulation (EU) 2016/679.]

To protect personal data, a number of technical and organisational measures have been put in place. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organisational measures include restricting access to the personal data solely to authorised persons with a legitimate need to know for the purposes of this processing operation.

 

7.    Who has access to your personal data and to whom is it disclosed?

Access to your personal data is provided to the Commission staff responsible for carrying out this processing operation and to authorised staff according to the “need to know” principle. Such staff abide by statutory, and when required, additional confidentiality agreements. Access to your personal data within the Commission is also provided to the training managers of the EU Institutions for the purpose of generating analytics reports.

Access to your personal data is also provided to people from national administrations having following roles

·         Validators: who can view and validate participants in CLEP and Webinar events from their own country.

·         Training Support Group members: who are in addition able to create events and courses and consequently see all users, as provide access to users for their country.

Personal data is accessible to the data processor contracted by unit E.3. for the development, maintenance and support of the portal as for training support services (call for tender TAXUD/2023/OP/0005). The contractor processes data on European Commission behalf and is bound by contractual obligations as indicated in previous section. The contactor is composed of following companies: Netcompany-Intrasoft - SIMAVI - ELSO and Deloitte, details being available in the contract award notice.

 

8.   What are your rights and how can you exercise them?

You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU) 2018/1725, in particular the right to access, your personal data and to rectify them in case your personal data are inaccurate or incomplete. Where applicable, you have the right to erase your personal data, to restrict the processing of your personal data, to object to the processing, and the right to data portability

You are at any given moment entitled to the access and rectification of your personal data in case the data is inaccurate or incomplete. Accessing and modifying your personal data can be done directly in LMS through the user interface.

When creating your account, you have consented to provide your personal data to DG TAXUD, Unit E.3. for the present processing operation. You can withdraw your consent at any time by notifying the Data Controller. The withdrawal will not affect the lawfulness of the processing carried out before you have withdrawn the consent.

You can exercise your rights by contacting the Data Controller, or in case of conflict the Data Protection Officer. If necessary, you can also address the European Data Protection Supervisor. Their contact information is given under Heading 9 below.

You can also exercise your rights directly in the portal by accessing your “Profile” and in the “Access my information” section: contact the privacy officer; create requests to export all your personal data or delete your account. You can also contact the data processor at email address:  support_lms@simavi.ro.

Where you wish to exercise your rights in the context of one or several specific processing operations, please provide their description (i.e. their Record reference(s) as specified under Heading 10 below) in your request.

In case of a data breach, we will fulfil our obligation in compliance with our duties stipulated in the Regulation (EU) 2018/1725. Where that personal data breach is likely to result in a high risk to your rights and freedoms we are committed to inform you immediately in order to allow you to take the necessary precautions.

 

9.   Contact information

The Data Controller

If you would like to exercise your rights under Regulation (EU) 2018/1725, or if you have comments, questions or concerns, or if you would like to submit a complaint regarding the collection and use of your personal data, please feel free to contact the Data Controller: TAXUD-UNIT-E3@ec.europa.eu

The Data Protection Officer (DPO) of the Commission

You may contact the Data Protection Officer (DATA-PROTECTION-OFFICER@ec.europa.eu) with regard to issues related to the processing of your personal data under Regulation (EU) 2018/1725

The European Data Protection Supervisor (EDPS)

You have the right to have recourse (i.e. you can lodge a complaint) to the European Data Protection Supervisor (edps@edps.europa.eu) if you consider that your rights under Regulation (EU) 2018/1725 have been infringed as a result of the processing of your personal data by the Data Controller

Details can be found at: https://edps.europa.eu/data-protection/our-role-supervisor/complaints_en.

10.   Where to find more detailed information?

The Commission Data Protection Officer publishes the register of all operations processing personal data. You can access the register through the following link: http://ec.europa.eu/dpo-register.

This specific processing operation has been included in the Commission Data Protection Officer’s public register with the following Record reference: DPR-EC-09088.1