ECKF Data Management Plan

I. Name and address of the controller 

1. The controller within the meaning of the General Data Protection Regulation (GDPR) and the Dutch General Directive on Data Protection (Algemene Verordening Gegevensbescherming) as well as other data protection provisions, is: 

   Clingendael – Netherlands Institute of International Relations
   Clingendael 7
   2597 VH, The Hague, The Netherlands
   Tel: (+31) 703245384  // https://www.clingendael.org

2. When, in the future, control over the ECKF database would be transferred to a new controller, every person whose personal details are included in the ECKF database will be contacted about this transfer by email. They will be informed about the identity and contact details of the new controller, and will be given the option to withdraw their consent to have their personal data saved in the database.

  II. Name and address of the project’s Data Protection Officer 

Clingendael Data Protection Officer is:

Name TBC
avg@clingendael.org
The Clingendael Institute
P.O. Box 93080
2509 AB The Hague
THE NETHERLANDS   

III. General remarks on data processing 

1. We process personal data concerning our users exclusively to the extent required to provide a functioning website, as well as content and services. In principle, we will only process the personal data of our users after obtaining their consent. Cases in which prior consent is factually impossible and the processing of user data is permitted by law constitute an exception to this rule. 

   The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage ceases to apply. 

   The data may be stored beyond this time if this is provided for by the European or national legislator in Union directives, laws or other regulations to which the controller is subject. The data will also be blocked or deleted on expiry of a storage period as specified in the named standards, unless the continued storage of the data is necessary for the conclusion or fulfilment of a contract. 

   In this Data Management Plan you will find explanations on how your personal data is processed on our websites regarding the: 

   a) Scope of personal data processing
   b) Legal basis for processing personal data
   c) Purpose of data processing and storage
   d) Duration of data storage
   e) Right of objection and removal (opt-out option)

2. Legal basis for data processingThe legal basis for the storage of data is point (a) of Art. 6 (1) of the GDPR.
   “Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes;”
3. Purpose of data processingThe data will be used to create an overview of China experts, for the purposes of establishing a central knowledge hub that allows the China ReConnect Project to pool and network expertise on China, in order to counter the fragmentation of knowledge on China in Europe across disciplines and countries, and facilitate the ‘translation’ of scientific analysis into strategic knowledge and policy impact.
4. Duration of storageYour data will be deleted as soon as the purpose of its collection ceases to apply.  Your data will be stored in the ECKF Database for the purposes of the China ReConnect project as mentioned above, until you withdraw your consent (please refer to point e.)
5. Right to objection and removal (opt-out option)Every person who has submitted their data to the ECKF database reserves the right to, at any time, withdraw their consent. Withdrawal of consent can be communicated to the controller of the database via e-mail (ccc@clingendael.org). 

  V. Use of cookies 

1. Description and scope of data processing 

   We will only process the data that the experts themselves submit at the time of registration. Afterwards, additional notes can be added to a person’s profile, such as attendance at events organised by China ReConnect. For details on the rules and regulations that apply to the website hosting the form for the ECKF Database, please refer to the Privacy Statement of Ghent University. 

2. Legal basis for data processing 

   The legal basis for the processing of personal data using cookies is point (f) of Art. 6 (1) of the GDPR.

3. Purpose of data processingTechnically necessary cookies are used to simplify the use of websites for their visitors. Some of the functions on our website cannot be offered without the use of cookies. For this purpose, the browser has to be identifiable after a change of pages.

   User data collected through technically necessary cookies are not used to create user profiles.

   This is the purpose of our legitimate interest in processing personal data pursuant to point (f) Art. 6 (1) of the GDPR. 

4. Duration of storage; right to objection and removal (opt-out option) 

   Cookies are stored on the user’s computer and transmitted to our website. As a user you have full control over the usage of cookies. You can deactivate or restrict the transfer of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. Depending on your browser settings, this can happen automatically. If cookies are deactivated for our website you may not be able to use all of the functions provided by the website. 

VI. Registration  

1. Description and scope of the data processing 

   We offer experts the opportunity to register for the ECKF Database by providing some personal data. We exercise utmost caution to abstain from soliciting or acquiring any personal information that is deemed sensitive or confidential in nature. The data is entered into an input screen and then transmitted to and stored by us. Your data will not be passed on to third parties without your consent. The following data can be collected during the registration process:

   1. given name(s)
   2. surname
   3. form of address
   4. function & affiliation
   5. email address and/or phone number
   6. webpage (optional)
   7. area of expertise
   8. language skills
   9. description of China experience
   10. permission for information sharing with ReConnect China members
   11. permission for information sharing through public accessDuring the registration procedure we will ask for the consent to process your data and to share your data.
2. Legal basis for data processingIf the user has declared his / her consent, point (a) of Art. 6 (1) of the GDPR is the legal basis for processing their data.  
3. Duration of storage 

   Your profile in the ECKF database will not automatically be deleted and data will be stored until request for removal.

4. Right to objection and removal (opt-out option) 

   As a user, you can cancel your registration at any time. You can also change the data which are stored about you, at any time. 

   You can ask for verification of the data, or change or delete your personal data by contacting us: via email: ccc@clingendael.org  

   After digital submission, premature deletion of the data is no longer possible.

VII. Rights of the data subject  

If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following with respect to the controller: 

1. Right of information 

   You have the right to obtain from the controller confirmation of whether or not personal data concerning you is processed by us.
   
   If this is the case, you can demand the following information from the controller:

   1. the purposes of the processing of the personal data;
   2. the categories of personal data that is processed;
   3. the recipients or categories of recipients to whom the personal data have been or will be disclosed;
   4. the planned duration of storage of the personal data concerning you, or the criteria applied to defining the duration of storage if precise information in this regard is not available;
   5. the existence of the right to request from the controller rectification or erasure of personal data, restriction of processing of personal data concerning the data subject or to object to such processing;
   6. the right to lodge a complaint with a supervisory authority;
   7. any available information of their source. If the personal data is not collected from the data subject;
   8. the existence of an automated decision-making process, including profiling, according to Art. 22 paragraphs 1 and 4 of the GDPR and – at least in these cases – meaningful information on the logic and implications involved, as well as on the intended effects of this kind of processing on the data subject. 

      You also have the right to obtain information on whether the personal data concerning you has or will be transferred to a third country or to an international organisation. In this regard, you are entitled to request information on the appropriate guarantees in place with regard to this processing in accordance with Art. 46 of the GDPR. 

      This right of access can be limited if and when it renders the realisation of the research or statistical purposes impossible or seriously impairs this, and the limitation is necessary to fulfil the research or statistical purposes. 

2. Right to correction 

   You have the right to rectification and/or completion by the controller if the processed personal data relating to you is incorrect or incomplete. The controller must carry out the rectification immediately. 

   Your right to rectification can be limited if and when it renders the realisation of the research or statistical purposes impossible or seriously impairs this, and the limitation is necessary to fulfil the research or statistical purposes.

3. Right to limit processingUnder the following conditions, you can demand the restriction of the processing of your personal data:
   1. if you contest the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data;
   2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
   3. the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or
   4. you have objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override yours. 

      Where processing of your personal data has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. 

      If the processing is restricted in accordance with the aforementioned conditions, you will be informed by the controller before the restriction is lifted. 

      Your right to a restriction of the processing can be limited if and when it renders the realisation of the research or statistical purposes impossible or seriously impairs this, and the limitation is necessary to fulfil the research or statistical purposes.

4. Right to delete
   1. Obligation to delete 

      You can demand from the controller the erasure of your personal data without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

      1. the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
      2. you withdraw your consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2) of the GDPR, and where there is no other legal basis for the processing;
      3. you object to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) of the GDPR;
      4. the personal data concerning you have been unlawfully processed;
      5. the personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
   2. Information to third parties 

      Where the controller has made the personal data concerning you public and is obliged pursuant to Art 17 (1) of the GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

   3. Exceptions 

      The right to erasure does not exist if processing is necessary

      1. for exercising the right of freedom of expression and information;
      2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
      3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9 (2) as well as Article 9 (3) of the GDPR;
      4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) of the GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
      5. for the establishment, exercise or defence of legal claims.
5. Right to notificationWhere you have exercised the right to correction, deletion or restriction of processing with the data controller, the data controller shall be obliged to notify all recipients to whom the personal data concerning you was disclosed of this correction or deletion of data or of the restriction of processing, except where compliance proves to be impossible or is associated with a disproportionate effort.

   In addition, you are entitled to require that the data controller inform you about these recipients.

6. Right to data portability 

   You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format and have the right to transfer that data to another controller without hindrance from the controller to which the personal data have been provided, where:

   1. the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR or on a contract pursuant to point (b) of Article 6 (1) of the GDPR; and
   2. the processing is carried out by automated means. 

      In exercising your right to data portability, you have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of other persons. 

      The right to data portability does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object 

   You have the right to object, at any time, on grounds relating to your particular situation, to the processing of personal data concerning you, which is based on parts (e) or (f) of Art. 6, paragraph 1 of the GDPR; this includes profiling based on those provisions. 

   The controller shall no longer process the personal data concerning you, unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. 

   You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you for scientific/academic or historical research purposes or for statistical purposes in accordance with Article 89 (1) of the GDPR. 

   Your right to object can be limited if and when it renders the realisation of the research or statistical purposes impossible or seriously impairs this, and the limitation is necessary to fulfil the research or statistical purposes.

8. Right to withdraw consent pursuant to Art. 7, paragraph 3 of the GDPRYou have the right to withdraw your consent to the processing of data at any time, with future effect. In the event that you withdraw consent, we will delete the data concerned immediately, except where processing can be based on legal grounds that do not require consent. The withdrawal of consent will not affect the lawfulness of processing carried out prior to withdrawal of consent.
9. Right to lodge a complaint with a supervisory authorityWithout prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.

   The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.