Opinion of 26 May 2010 on a notification for prior checking regarding the processing operation on personal data concerning the "Registration of a Data Subject in the Central Exclusion Database" (Case 2009-0681)
In view of protecting the financial interests of the institutions, on the basis of the Financial Regulation, the European Commission processes data which are contained in a central exclusion database and which may only be used for the purposes of excluding from any procurement or grant procedures funded with EU Funds or EDF Funds, entities which represent a threat to the European financial interests.
The EDPS conducted his analysis in full cooperation with the Institution from an early stage of the procedure and concludes that there is no reason to believe that there is a breach of the provisions of Regulation 45/2001. However, the EDPS made some recommendations regarding the prior information of candidates, tenderers and grant applicants to be provided in the call for proposals and call for tenders. Moreover, he underlines the necessity to ensure that in case of manifest error in the inclusion of an entity in the database or if an entity has been cleared, the procedure will entail no legal consequences to it.