Call for tenders' details
Status
Submission date
29/12/2021
Answer date
04/01/2022
Language
Status
Answered
Question details
Subject
Data Protection
Question
Article 6.1 (a) i. of the General Terms & Conditions states that the Service Provider must provide "recent extracts from the judicial record" or "a recent equivalent document issued by a judicial or administrative authority" of its employees upon request by the EIB. The collection of data on criminal convictions pursuant to Article 10 GDPR requires a legal basis, which does not exist in all member states of the European Union, at least not for the employer. We assume that the Bank will take into account the different legal standards in the European Union and therefore ask whether there is a corresponding process at the EIB for collecting and verifying the documents that can be carried out without the service provider collecting the data?
Answer
04/01/2022
Please note that the extracts from the judicial record must be provided by the successful tenderers. Please also note that the employer may ask to its employees to provide a judicial record. Considering the sensitivity of such data, the employers are not always in capacity to request this record directly to the national authorities, and they may have to ask their employees to request the criminal record.