Data protection notice

In accordance with Art. 13 and Art. 14 of the EU General Data Protection Regulation (GDPR), we, the Specialised Unit for Public Procurement (FAW), as the responsible body, inform you below about the manner and background to the processing of your personal data in connection with our activities. The following information applies equally to applicants, tenderers, contractors and clients as well as other persons affected by data processing.

The primary purpose of processing personal data is to fulfill our legal mandate. This includes general advice and supervision regarding the award of public construction, supply and service contracts as well as competitions and construction and service concessions

We primarily carry out the following processing activities:

  • Central point of contact and advice for applicants, tenderers, contractors and clients;
  • Development of strategies, concepts, measures and instruments for the optimal implementation and further development of public procurement;
  • Preparation and evaluation of public procurement statistics;
  • Supervision and control of the entire procurement system and ensuring that public procurement is carried out in accordance with the law;
  • Reporting to the government in the event of any infringements. Drafting government resolutions, statements and handling complaints;
  • Creating the login for contracting authorities for the e-procurement portal (evergabe.llv.li).

The legal bases for the processing activities are set out in Articles 12, 13, 50, 52 and 67 of the Public Procurement Act (ÖAWG), Articles 14a, 17, 34a, 50, 50a and 51 of the Ordinance on Public Procurement (ÖAWV), Articles 26, 27, 65, 67 and 82 of the Act on Public Procurement in the Sectors (ÖAWSG), in Articles 16, 21, 37, 45, 45a and 46 of the Ordinance on Public Procurement in the Sectors (ÖAWSV) and in the Act on Electronic Commerce with Public Authorities (E-GovG) and apply in conjunction with Art. 4 of the Data Protection Act (DSG) and Art. 6 para. 1 let. e) of the General Data Protection Regulation (GDPR). If the personal data is not processed on the basis of the public mandate, your consent pursuant to Art. 6 para. 1 let. a) GDPR may be considered as the legal basis in individual cases. An example of such consent is the subscription to the newsletter.

The following personal data is collected, recorded and processed in the course of our activities as part of the procurement procedures

  • Surname, first name contact person;
  • Address details and other contact details, such as telephone number and e-mail address;
  • Name of the company or consortium;
  • Under certain circumstances
    • Data on the place of business in the EEA/WTO area;
    • Insurance data;
    • Data relating to safety (AHV, ALV, IV, SUVA, BVG, state and municipal taxes, collective or standard employment contracts, equal pay, insolvency proceedings and criminal association);
    • Data on personnel;
    • Data on references including contact details of contact persons;
    • Further data on the suitability test;
    • Data on the award criteria;
    • Access to the procurement portal (vergabeportal.li) or eVergabeportal (evergabe.llv.li) as well as all data entered by the contractor, provided that these are made available to the Specialised Unit for Public Procurement by the contracting authorities.

Among other things, the Specialized Unit for Public Procurement creates templates for the tender documents, which are intended to help the contracting authorities. The specialist unit is not the Reception of applications and offers from companies.

If the data is not collected from you personally, the information on personal data comes from the following source: public contracting authorities, such as the Principality of Liechtenstein, the municipalities, public and private Legal Division bodies and the contracting authorities in the sectors. The contracting authorities are listed on the homepage of the Specialized Unit for Public Procurement (faw.llv.li). Office of Statistics for the list of SMEs for the purpose of preparing the monitoring report for the EFTA Surveillance Authority.

The storage period for data processing is based on the special legal requirements for retention periods and the Archiving Act. Once the purpose of the data processing has been achieved and there are no statutory retention periods preventing the deletion of your data, the personal data is generally forwarded to the respective deletion concept. The deletion concept includes the following:

The final deletion takes place after expiry of the specified statutory retention period, i.e. after three years.

Further information on data protection and in particular on your Legal Divisions as a data subject can be found in the data protection declaration on the website of the Liechtenstein National Administration.

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