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, hereby inform you about the manner and background of the processing of your personal data in connection with our activities. The following information applies equally to applicants, offerors, contractors and clients, as well as other persons affected by the data processing.

The processing of personal data has the primary purpose of fulfilling the legal mandate incumbent upon us. This includes general advice and supervision concerning the award of public works, supply and service contracts as well as competitions and works and service concessions

Principally, we perform the following processing activities:

• Central point of contact and advice for applicants, tenderers, contractors and clients;
• Development of strategies, concepts, measures and instruments for optimal implementation and further development of the subject area of public procurement;
• Creation and analysis of public procurement statistics;
• Supervision and control over the entire procurement system and ensuring legally compliant enforcement of public procurement;
• Reporting to the government in case of detected violations. Drafting government resolutions, opinions and handling complaints;
• Creation of the login for contracting authorities for the eProcurement portal (evergabe.llv.li).

The legal bases for the processing activities are set out in Articles 12, 13, 50, 52 and 67 of the Act on Public Procurement (ÖAWG), Articles 14a, 17, 34a, 50, 50a and 51 of the Regulation 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 shall apply in conjunction with Art. 4 Data Protection Act (DSG) and Art. 6 para. 1 let. e) General Data Protection Regulation (DSGVO). If the personal data are not processed on the basis of the public mandate, their consent pursuant to Art. 6 (1) (a) DSGVO 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 are collected, recorded and processed in the course of our activities in the context of the award procedures:

• Name, first name contact person;
• Address details and other contact details, such as telephone number and e-mail address;
• Name of the company or consortium;
• In some circumstances:
  • Data on the place of business in the EEA/WTO area;
  • Data on insurance;
  • Data on harmlessness (AHV, ALV, IV, SUVA, BVG, state and municipal taxes, total or      normal employment contracts, equal pay, insolvency proceedings and criminal association);
  • Data on personnel;
  • Data on references including contact details of contact persons;
  • Other data on the suitability test;
  • Data on the award criteria;
  • Insight into the procurement portal (vergabeportal.li) or eVergabeportal (evergabe.llv.li) and all data entered by the      contractor, provided that these are made available to the Public Procurement Unit by the      contracting authorities.

The Public Procurement Unit prepares, among other things, templates for the tender documents, which are intended to serve as an aid to the contracting authorities. The specialized body is not the recipient of the applications and offers of the 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, institutions under public and private law, as well as the contracting authorities in the sectors. The contracting authorities are listed on the homepage of the Fachstelle öffentliches Auftragswesen (faw.llv.li). Office for Statistics for the list of SMEs for the purpose of preparing the monitoring report for the EFTA Surveillance Authority.

The storage period of the data processing is governed by special legal requirements regarding the retention periods or the archives law. Once the purpose of the data processing has been achieved and there are no legal retention periods opposing the destruction of your data, the personal data will generally be added to the respective deletion concept. The deletion concept looks, among other things, as follows:

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

Further information on data protection and, in particular, on your rights as a data subject can be found in the Data Protection Statement on the website of the Liechtenstein National Administration.