Calls for tenders - European Investment Bank

Opinion of 5 December 2009 on calls for tenders (Case 2007-126)

The purpose of the processing operation is to assess the technical and professional abilities of candidates having regard to the calls for tenders and to select the best tenderers capable of fulfilling the terms of the published contract notice.  The purpose of the processing operation is not to exclude (Article 27(2)(d)) candidates from being selected and awarded a contract, but to assess their abilities and their financial data on the basis of general and specific criteria, including the specifications, with a view to their being considered for a contract (Article 27(2)(b)).  Furthermore, extracts from criminal records are collected as part of the assessment and selection of candidates for the award of a contract in the framework of the specifications.  This is why the processing operation falls within the scope of the prior checking procedure on the basis of Articles 27(2)(a) and 27(2)(b) of the Regulation respectively.

As part of his recommendations, the EDPS advised the EIB to adopt a new data retention period in the case of candidates who are awarded a contract; that period should be reasonable and proportionate for achieving the purpose of processing, without prejudice to specific retention in the case of disputes and complaints.  In addition, the EDPS stressed that the "Privacy statement" information note should be communicated to data subjects when the invitation concerning the call for tenders notice is issued and when the prospective contract is to be signed by the successful tenderer.