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Data protection declaration for non-public tenders

Data that we process from you in the context of non-public tenders

We will process 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); If applicable, we might process data on the qualification/suitability of the employed employees of the bidder and references to comparable services performed in the past.

Your data will be documented as part of the tender procedure and enclosed with the tender documents.

 

Legal basis of data processing

In the following we will inform you about the legal basis on which we process your data.

  • § 4 LDSG and Article 6 (1) lit. b, c, and e GDPR.

The contracting authority must comply with the public procurement law when awarding contracts. These include in particular the “Gesetz gegen Wettbewerbsbeschränkungen” (GWB), the “Verordnung über die Vergabe öffentlicher Aufträge” (VgV), the “Vergabe- und Vertragsordnung für Leistungen (VOL/A), the “Unterschwellenvergabeordnung” (UVgO), and the “Landeshaushaltsordnung” (LHO).

The processing of personal data serves to carry out the tender procedure and is carried out on the basis of § 4 LDSG and Article 6 (1) lit. b, c, and e GDPR.

Without the data and the necessary information, no bid can be awarded, since the offers submitted are incomplete and must therefore be excluded.

Legal or contractual obligation to provide personal data (Art. 13 Para. 2 e) GDPR:

The provision of personal data is regularly necessary for the initiation, conclusion, processing, and reversal of a contract. If you do not provide the required personal data, we are unable to initiate or fulfil a contract with you.

 

Other recipients of your data

Your personal data (usually contact details and addresses) will be passed on within the framework of the tender procedure within the Leibniz Institute for Resilience Research (LIR) to: members of the management and the selection committee as well as employees of the finance department.

All personal data processed within the framework of legal obligations will only be passed on if the transmission is permitted by law or if you have consented to the transmission.

Disclosure based on a legal obligation:

If there is a legal or official obligation, we pass on your data to public bodies or institutions (authorities, for example in the context of law enforcement).

Inferior bidders:

Unsuccessful bidders who submit an application in accordance with § 62 (2) VgV or who are to be informed in accordance with § 19 (1) VOUA (§ 46 (1) UVgO) about the characteristics and advantages of the successful offer and the name of the successful bidder.

Information on our website:

In the case of restricted tenders without participation competition and direct awards (negotiation awards without participation competition) from an order value of 25,000 Euros, we will inform about every order placed on our website for a period of three months. At least this information also contains the name of the contracted company.

Other positions, provided you have given us your consent:

If there is explicit consent, we will also pass on your data to other locations. However, this takes place within the limits if you have demonstrable consent.

 

Duration of storage

In the context of tenders:

The national retention periods for contract documents apply to the processing and storage of personal data.

Dedicated storage period:

We process the data as long as this is necessary for the respective purpose. If necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and resolution of a contract.

Storage due to legal regulations:

In addition, we are subject to various storage and documentation obligations, which result, among other things, from the German “Handelsgesetzbuch” or tax law. Insofar as there are statutory retention requirements, the relevant personal data will be stored for the duration of the retention obligation. The storage period is also based on the statutory limitation periods, which, for example, in accordance with §§ 195 et seq. of the German “Bürgerliches Gesetzbuch” (BGB) can generally be three years, but in some cases up to thirty years.

After the retention period has expired, it is checked whether there is a further need for processing. If there is no longer a need, the data will be deleted.

Storage until revocation of your consent:

If the data processing is based on consent, we will process your data until you revoke your consent or there is no further need for the processing.

 

Transfer of your data to a third country

We generally process your personal data in data centers in Germany or the European Union.

A transfer to a third country is only possible if you have given us your consent or if we have a contract for order processing in accordance with. Art. 28 GDPR taking into account the EU standard contractual clauses or other suitable guarantees.

 

Miscellaneous

Please see the superordinate data protection declaration regarding the contact details of the controller and rights of the data subjects.

Contact
Leibniz Institute for Resilience Research (LIR)
Wallstraße 7
55122 Mainz
Phone: +49 (0)6131 89448-77
Further Information