Guidance

European Regional Development Fund: privacy notice

Updated 16 March 2023

The EU Common Provisions Regulations (CPR), and Article 6 of the European Regional Development Fund (ERDF) Regulation require the Department for Levelling Up, Housing and Communities (DLUHC), as the managing authority for the programme, to monitor and evaluate ERDF-funded activities. In order to conduct monitoring and evaluation (including the summative assessment) and to ensure compliance, the collection of personal data is required.

1. Who is the data controller for ERDF personal data?

The Department of Levelling Up, Housing, and Communities (DLUHC) has policy responsibility for the 2014-2020 European Regional Development Fund (ERDF) operational programme for England.

As Managing Authority, part of this responsibility involves undertaking an independent evaluation of the programme.

DLUHC is the data controller for this research. The Data Protection Officer can be contacted at dataprotection@levellingup.gov.uk

2. 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
• address
• postcode
• phone number
• email address
• labour market status prior to receiving support and 6 months after receiving support
• duration of support
• intensity of support
• pay details

DLUHC may collect special category data on ethnicity and disability, as part of its public sector equality duty. This duty requires DLUHC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations in the course of developing policies and delivering services. Any special category data collected will not be used for any other purpose.

3. Legal basis for processing your personal data

UK data protection legislation sets out when DLUHC and the department’s appointed data processors are lawfully allowed to process your personal data. The lawful basis that applies in this case article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR) as the processing is necessary for the performance of a task carried out in the public interest. Section 8(d) of the Data Protection Act 2018 states that this may include processing that is necessary for the function of the Crown, a Minister of the Crown or a government department. The collection of your personal details is integral to the research study to enable DLUHC to better understand what different groups of people think about the issue.

UK data protection legislation requires that where the personal data to be processed includes ‘special category’ personal data then that requires an additional lawful basis. In this case the lawful basis that applies is article 9(2)(g) of the UK GDPR as the processing is for necessary for reasons of substantial public interest under UK law. That basis in law in this case is paragraph 6 of Part 2, Schedule 1 of the DPA 2018 as the processing of the special category data in this case is further necessary for DLUHC’s functions as a government department.

4. Who will my personal data be shared with and how will it be used?

Your details will be stored on secure government IT systems and retained in compliance with data protection legislation.

Article 114 (CPR - EU 1303/2013) requires managing authorities to undertake evaluations of the ERDF programme. It also sets out a requirement for managing authorities to report findings of evaluations to the Commission.

Your details will be used to support these ERDF programme research and evaluation activities. DLUHC will need to share all or some of your personal data with the national evaluator of the ERDF programme. In some cases, the national evaluator, i.e. independent external contractors commissioned by DLUHC, may use the contact details to contact a sample of direct or indirect beneficiaries for the purpose of the National Evaluation of the programme to gather information as to the experience and impact of engaging with 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. DLUHC may also need to share 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.

DLUHC will not give any personal data to any other organisation unless needed for the purpose of the evaluation and will instruct them not to use it to contact individuals for any reasons not connected with the purpose of the National Evaluation of the ERDF programme 2014-2020 or other matters directly relating to the evaluation. If DLUHC has to pass on the data, it will only provide what is needed, and if possible will remove the details that might identify individuals personally. DLUHC will not transfer personal data outside the European Union, to third countries or international organisations.

DLUHC 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 DLUHC meets reporting obligations and to demonstrate compliance with EU Requirements.

5. What are individual’s rights?

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

6. Automated decision making

Your personal data will not be subjected to automated decision making.

7. Contact details

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113

Email: casework@ico.org.uk

If you would like further information about the programme and your personal information please contact the ERDF Programme at: esif@levellingup.gov.uk