This is a specific privacy notice on the collection and processing of personal data by Dudley Metropolitan Borough Council as part of public procurement activity including in order to analyse expenditure, evaluate the proposals received in response to a market sounding exercise, a call for quotation/tender or other market engagement process.
Contact details of bidders, their staff or sub-contractors such as their name; address; telephone number; email address
Copy of the company registration
Bank account details
Financial turnover/accounts
Evidence of Insurances held
Details of any professional misconduct
TUPE data (as applicable)
Criminal activity/Criminal record
Health and Safety records
Evidence of the payment of social taxes
Any other information gathered from procurement activity
Soft Market Testing and other business questionnaires you submit to the Council
Tender/quotation documents
Responses to questions as set out in a Standard Selection or Suitability Questionnaire of the ITT or RFQ
Copies of certificates of different nature
Other documents required in the ITT or RFQ
Council financial management system
The personal data that the Council hold may be used for:
Contacting you in connection with a procurement exercise
Contacting you in respect of establishing or managing a contract between the Council and its suppliers
Complying with transparency obligations
Local authorities can use information to carry out tasks that are in the public interest, as well as to provide services that we are under a statutory obligation to provide. Most personal information is processed in order to comply with a legal obligation and/or due to necessity for the performance of contract to which a tender is submitted.
Some acts of law provide a duty to process information, these include:
The Local Government Act 2003
The EU Public Contracts Directive 2014
The Public Contracts Regulations 2015
The Transparency Code 2015
If you fail to provide certain information when requested, we may not be able to fully evaluate your quotation/tender or satisfactorily assess your performance and you may therefore be eliminated from the procurement process. We may not be able to make contact with you to inform you about potential business opportunities.
Your information will be shared with internal colleagues of Dudley Metropolitan Borough Council involved in the procurement process and may also be shared with:
Consultants commissioned by Dudley MB Council to assist with the procurement process
Other Local Authorities or the Council's partners e.g. schools, members of staff as part of a soft market testing exercise or collaborative procurement process, during the procurement process (for example if they are involved in the evaluation of tenders) or following award of contract (for example as part of the contract user information to enable them to access the contract)
Bodies charged with a monitoring or inspection task in application of EU/UK law (e.g. auditors, Crown Commercial Services)
Members of the public, in accordance with the Council's obligation to publish information on the outcome of the procurement procedure and spend as required by the EU Public Contracts Directive, the Public Contracts Regulations 2015 and the Transparency Code 2015
These publications may be in the Official Journal of the European Union, on Gov.uk - Contracts finder, the Council's business opportunities portal In-Tend, and/or the Council’s website.
At times we will process information using Adobe Sign, an electronic system, to validate and ensure agreements are legally binding through an e-signature solution.
This requires some information to be collected and stored with our third party cloud-hosted supplier in a safe and secure manner.
Where an agreement is signed under hand, successful bidder information is retained for the duration of the contract plus 6 years.
Where the agreement is sealed as a deed, successful bidder information is retained for the duration of the contract plus 12 years.
All decisions we make about you involve human intervention.
Your information is not processed outside the EEA.
Rights of individuals
You have a number of legal rights in relation to your personal information.
You have a right to be informed about how and why your personal information is being processed. This notice fulfils that obligation.
You also have a number of other rights; these include:
Accessing and obtaining a copy of your data on request
Requiring the Council to change incorrect and incomplete data
Asking for your information to be deleted or removed where there is no need for us to continue processing it
Restricting processing
Data portability
For more information, or if you want to lodge a complaint about the use of your information, please contact Corporate Information Governance Team at information.governance@dudley.gov.uk
You can contact our Data Protection Officer via the same email address or write to: Data Protection Officer, The Council House, Priory Road, Dudley, DY1 1HF.
For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner’s Office (ICO) at ICO Contact Us