Digital Enterprise E-newsletter – Privacy Statement
Digital Enterprise is the Operational programme for England adopted by the Commission of the European Union (‘European Commission’) which is setting out its contribution to the Union strategy for smart, sustainable and inclusive growth and the achievement of economic, social and territorial cohesion. The Ministry for Housing Communities and Local Government (MHCLG), as the managing authority for the programme, is required to monitor and evaluate ERDF-funded activities. Leeds City Council, who is the Grant Recipient Authority, is required to help deliver the ERDF programme under the terms of its ERDF Funding Agreement.
Who the newsletter is aimed at
The Digital Enterprise newsletter is aimed at businesses who want to learn more about the Digital Enterprise business support programme and receive updates on developments within the programme. Interested parties can subscribe to the newsletter by providing their email address via the Digital Enterprise website.
How we process your details
Leeds City Council is the Data Controller of the information you provide when subscribing to this newsletter, and your details will be held in accordance with the UK Data Protection legislation. The information you provide will be used to provide you with the e-newsletter as well as information on other Leeds City Council related activities and events. You will be asked to sign up to the Mailing List at the point of registering for this service. Joining the Mailing List is optional and does not affect your participation in the Programme. You can choose to opt out from receiving marketing information at any time.
Newsletter will normally be sent to you quarterly by email. All personal data you provide as part of your e-newsletter subscription will be retained by Leeds City Council for the length of your subscription. Your personal data and details of any enquiries received from you will be dealt with in strict confidence. We will not share your personal details with anybody unless where we are required to do so by law.
If, at any point, you decide you no longer wish to receive this newsletter, please contact us at the address / email below and we will remove your details from our records within five working days.
Level 8 Merrion House East
If you would like further information about the programme and your personal information please contact the ERDF Programme at: email@example.com
Details of the Data Protection Officer:
Digital Enterprise Privacy Statement
Digital Enterprise is the Operational programme for England adopted by the Commission of the European Union (‘European Commission’) which is setting out its contribution to the Union strategy for smart, sustainable and inclusive growth and the achievement of economic, social and territorial cohesion
In accordance with the EU Common Provisions Regulations (CPR), and Article 6 of the European Regional Development Fund (ERDF) Regulation, the Ministry for Housing Communities and Local Government (MHCLG), as the managing authority for the programme, is required to monitor and evaluate ERDF-funded activities. Leeds City Council, who is the Grant Recipient Authority, is required to help deliver the ERDF programme under the terms of its ERDF Funding Agreement.
Under the Funding Agreement, both the Secretary of State and the Grant Recipient (Leeds City Council) are Data Controllers with independently determined purposes and means of processing Personal Data and who shall use the Personal Data for the following independent purposes:
(a) The Secretary of State shall use the Personal Data for the purpose of assessing the Grant Recipient’s compliance with its obligations under this Funding Agreement; and
(b) The Grant Recipient shall use the Personal Data for purpose of complying with its obligations under this Funding Agreement.
Why do we collect your data?
Under the Funding Agreement with MHCLG, Leeds City Council is required to collect personal data for the purpose of assessing your registration / application for Digital Enterprise assistance, conducting monitoring and evaluation (including the summative assessment) and to ensure compliance with the terms of the ERDF Agreement.
The information you provide to us under the Digital Enterprise Programme will be used to facilitate the services we provide to you or your business, and to assist us with record keeping, statistical and research purposes, statutory purposes and to facilitate ongoing communication.
Legal basis for processing
Leeds City Council will be processing personal data in the ERDF 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 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.”
What personal data will be collected?
Depending on the nature of activities of the ERDF-funded project and the indicators listed under each activity, the following information for each direct or indirect beneficiary where these are individuals may be collected:
- Name of contact point within a business (in some cases property owner) engaged with or individual engaged with;
- Phone number
- Email address
- Duration of support
- Intensity of support
MHCLG may collect special category data on ethnicity and disability.
We may collect other routine business data such as turnover, employee number and other information as part of the registration / application process.
How will your information be used?
Your information may be passed to MHCLG who will need to report to the European Regional Development Fund (ERDF) on monitoring and evaluation activities.
MHCLG may also pass all or some of your personal data to the national evaluator (i.e. independent external contractors commissioned by MHCLG) for research and evaluation purposes. In some cases, the national evaluator, may use the contact details to contact a sample of direct or indirect beneficiaries for the purpose of the National Evaluation of the programme. It is likely that the survey methodology will need to incorporate a variety of approaches in order to maximise the survey response rate (for example, telephone survey, written survey, and e-mail survey), hence, the need for a variety of contact details required for each participant.
When sharing personal information with these organisations, MHCLG will instruct them not to use the information in order to contact individuals for any reasons which are not connected with the purpose of the National Evaluation of the ERDF programme 2014-2020 or other matters directly relating to the evaluation. If MHCLG has to pass on personal data, it will only share what is necessary for the purpose, and will remove the details that might identify individuals.
MHCLG may also need to share information with other government departments and the European Commission, where this is necessary to test the robustness of the data gathered or to inform the National Evaluation.
Who will we share your information with?
In addition to sharing your data with MHCLG, Leeds City Council may share the information you provide with our funders and organisations delivering services on their behalf (please see the list of organisations below). The purpose of sharing your data is to increase your businesses enterprise prospects and to measure the impact and success of the project.
The full list of funders and organisations are:
- City of Bradford Metropolitan District Council
- Calderdale Metropolitan Borough Council
- Craven District Council
- Harrogate Borough Council
- Kirklees Council
- Leeds City Council
- Selby District Council
- West Yorkshire Combined Authority / Leeds City Region Local Enterprise Partnership
- Wakefield Council
- City of York Council
We may also share your information with our delivery partners/subcontractors who are delivering aspects of the programme, such as UMI Commercial Ltd (Digital Knowledge Exchange programme).
Any sharing with third parties is subject to robust information sharing arrangements under the contracts / or Funding Agreements.
How will your data be stored?
Information you provide will be stored securely and retained until 2033 in accordance with Leeds City Council Retention and Destruction Schedule and the National European Development Fund Document Retention Guidance published by the Secretary of State as prescribed under this Funding Agreement.
MHCLG, who is the managing authority under this Agreement, will not keep your personal data for longer than it needs but as a minimum, will retain data for two years after the closure of the 2014-2020 ERDF programme in line with the European Regional Development Fund document retention guidance to ensure MHCLG meets reporting obligations and to demonstrate compliance with EU Requirements.
The data collected is your personal data, and you have the right, subject to lawful data requirements:
- to see what data we have about you;
- to ask us to stop using your data;
- to ask us to delete your data, or to correct your data if there is no longer a justification to process it;
- to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law.
ERDF participants cannot claim the following rights in terms of ERDF personal data:
- right to erasure (“right to be forgotten”)
- right to portability of their data
Further information about your Individual Rights under the GDPR is available at: https://www.leeds.gov.uk/privacy-statement/privacy-notice.
Automated decision making
Your personal data will not be subjected to automated decision making.
Transfer of data outside the UK
Leeds City Council or MCHLG will not transfer personal data outside the European Union, to third countries or international organisations.
If you would like further information about the programme please contact the ERDF Programme at: firstname.lastname@example.org. Or if your query relates to the data we hold about you, please direct your query to email@example.com.
Details of the Data Protection Officer
The Council’s Corporate Privacy Notice, which includes details of the Leeds City Council’s Data Protection Officer is available at: https://www.leeds.gov.uk/privacy-statement/privacy-notice
For any queries relating to your data protection rights, you can contact the ICO at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Tel: 0303 123 1113. Email: firstname.lastname@example.org