Information on personal data for data subjects
Standard letter to provide information on the processing of personal data
THIS IS HOW ARBEJDSMARKEDETS FERIEFOND PROCESSES PERSONAL DATA
1. Background for this information
Arbejdsmarkedets Feriefond processes personal data about you as part of the performance of the tasks imposed on us as an authority in pursuance of the Danish Holiday Act. The fact that we have recorded and process personal data about you electronically means that under the General Data Protection Regulation and the Danish Data Protection Act we must as controller provide you with information, among other things on the fact that we process and how we process your personal data.
2. Our processing of your personal data
2.1. The purpose of our processing
Arbejdsmarkedets Feriefond processes personal data about you as part of the performance of the tasks imposed on us as an authority in pursuance of the Danish Holiday Act. Arbejdsmarkedets Feriefond is a public independent institution that carries out regulatory tasks in pursuance of the Danish Holiday Act. The Danish Holiday Act is, among other things, to guarantee your right as a wage earner to annual holiday and payment during holidays. You can read the Danish Holiday Act here: https://www.retsinformation.dk/eli/lta/2019/1025.
The activities that are carried out by Arbejdsmarkedets Feriefond and which necessitate processing of personal data are in particular the following:
· To collect the holiday pay that the employers have not already paid to the wage earner, another holiday fund or Ferie Konto (Holiday Account). In the case of this activity, the employers and Ferie Konto (Holiday Account), respectively, must provide information to Arbejdsmarkedets Feriefond on the days of holiday and amounts that have not been settled and attach relevant personal data as regards the wage earners who may be owed holiday pay. If an employer has paid holiday pay to Ferie Konto (Holiday Account) and the amount has not been paid out to wage earners, a part of the unclaimed holiday pay is transferred to Arbejdsmarkedets Feriefond.
· To settle the holiday pay to wage earners to which they are entitled, even though the holiday pay is no longer current holiday pay, within the limitation period of five years after the end of the holiday year. When a wage earner applies for payment of holiday pay, both information on days of holiday and personal data is provided so that Arbejdsmarkedets Feriefond can ensure that the right amount is paid out to the right person.
· To collect the holiday pay from wage earners who have received holiday pay to which they were not entitled because they had some other basis of support at the same time.
· To supervise the private holiday funds (as at 1 September 2020) as supervisory authority of holiday funds. As a part of this work, names, e-mail addresses and telephone numbers of board members and any other contacts are included.
· To process applications from civil society organisations for grants for holiday stays. Arbejdsmarkedets Feriefond distributes funds for holiday purposes by way of holiday stays for families and children in a difficult position which can be applied for by civil society organisations. As part of the application, names, e-mail addresses and telephone numbers of the person having overall responsibility for operations and any other contacts of the civil society organisations are included and the name of the chairman of the board is stated in the case of conclusion of a partnership agreement.
· To manage loan agreements concluded with nature and cultural institutions in connection with the paying off of residual loans. Arbejdsmarkedets Feriefond has recorded names, e-mail addresses and telephone numbers of the person having overall responsibility for operations and any other contacts and the names of the chairman of the board and other board members may also constitute part of the data.
In addition, Arbejdsmarkedets Feriefond to a certain extent processes data to be used for statistics, among other things to be able to plan and estimate resources etc. through the preparation of management information etc.
2.2. Which data is involved?
Arbejdsmarkedets Feriefond processes personal data – including personal data on you – only to the extent that it is reasoned, proportional and necessary to process the data in connection with the performance of the tasks of the fund in pursuance of the Danish Holiday Act.
For wage earners it is a question of data in the form of name, address, telephone number and e-mail address, identification data (Civil Reg. No.) and account information, employer and workplace, wage earner category (paid by the hour, salaried employee no longer employed or paid by the month and still employed), information on days of holiday and the financial value of the days of holiday, debt situation (if there is debt to the fund) and any sensitive data that may otherwise have been forwarded to the fund.
For employers, grant applicants, private holiday funds and external collaborators, Arbejdsmarkedets Feriefond processes personal data in the form of contact information, typically name, e-mail address, telephone number, employer and workplace as well as job title, if any. For IT collaborators also user information.
2.3. Where does the data come from?
Arbejdsmarkedets Feriefond receives personal data on wage earners from employers, Ferie Konto (Holiday Account), the Danish Agency for Labour Market and Recruitment, the Danish Debt Collection Agency as well as other public authorities in Denmark, if any. Personal data may also have been stated by the individual wage earner or contact of the employer, civil society organisation or private holiday fund. In addition, it may be a question of data having been disclosed by the auditor, attorney or other collaborators of Arbejdsmarkedets Feriefond.
It is first and foremost a question of general personal data, including information on name, address and other identification data, information on employer and workplace, wage earner category (paid by the hour, salaried employee no longer employed or paid by the month and still employed) account and pay information, information on holiday pay as well as information on civil registration number.
In addition, Arbejdsmarkedets Feriefond processes applications from civil society organisations for grants for holiday stays and in that connection the fund receives and processes information in the circumstances on i.a. name and contact information relating to the contact person etc. with the civil society organisation in question that applies for a grant.
If a wage earner has received holiday pay that the person in question was not entitled to receive, Arbejdsmarkedets Feriefond also records the wage earner’s debt as well as information on any proceedings instituted before the enforcement court and execution, if any, that the fund may have levied on the assets of the wage earner.
In certain rare cases it may also be a question of processing of sensitive personal data, including data on trade union matters as well as data on health matters. This may for example be the case if you are or have been represented by your trade union which will therefore appear from the case files sent to Arbejdsmarkedets Feriefond.
Our processing of the data mentioned is carried out as part of the performance of the tasks of Arbejdsmarkedets Feriefond as a public authority, e.g. in order for Arbejdsmarkedets Feriefond to guarantee your right to holiday pay in accordance with the legislation in this respect and to collect holiday pay that has been paid out wrongfully. As already mentioned, Arbejdsmarkedets Feriefond also processes personal data in connection with its processing of applications for grants for holiday stays.
The data that we process will in the circumstances be recorded in the case administration system (Work Zone) of the fund and in our finance system (Navision). Management tools, lists of contact persons etc. are recorded in our business system Office 365.
3. The legal basis for our processing
The basis for our processing of general personal data is point (c) of Article 6(1) of the General Data Protection Regulation which lays down that processing may take place if processing is necessary for compliance with a legal obligation to which the controller is subject, and point (e) of Article 6(1) on 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 as well as section 12(1) and (2) of the Danish Data Protection Act on processing that is necessary for the purpose of protecting the employment law obligations or rights of the controller or of the data subject or to pursue a legitimate interest etc. that arises from other law or collective agreements. Our processing of information on civil registration number takes place in pursuance of section 11(1) of the Danish Data Protection Act.
To the extent that Arbejdsmarkedets Feriefond in exceptional cases processes sensitive personal data this takes place in pursuance of point (f) of Article 9(2) and Article 10 of the General Data Protection Regulation as well as section 7(1), section 8 and section 12(1) and (2) of the Danish Data Protection Act.
4. Legitimate interests
As appears above, our processing of personal data will in certain cases be based on the provision in section 12(2) of the Danish Data Protection Act. According to this provision, the processing of personal data in an employment context as covered by Article 6(1) and Article 9(1) of the General Data Protection Regulation may take place where the processing is necessary to enable the data controller or a third party to pursue a legitimate interest that arises from other law or collective agreements, provided the interests or fundamental rights or freedoms of the data subject are not overridden. In these cases, we will make a specific assessment of the regard for, among other things, the interest of the data subject of data on the data subject not being processed on the one hand and on the other hand the regard for the objective interests that speak in favour of Arbejdsmarkedets Feriefond being allowed to process the data with a view to being able to perform its regulatory tasks, including tasks in connection with its administration in pursuance of the holiday legislation etc.
5. Disclosure of data
As part of our case administration, it may be necessary to disclose your personal data to others as part of the regulatory processing. This will always be within the framework of the General Data Protection Regulation, the Danish Data Protection Act as well as the other rules to which we are subject as a public authority.
The public authorities to which Arbejdsmarkedets Feriefond discloses data if necessary are the Agency for Labour Market and Recruitment, Ferie Konto (Holiday Account)/ATP, the Ministry of Employment, the Employees’ Guarantee Fund, the Danish Debt Collection Agency, the enforcement court and other public authorities in Denmark. Arbejdsmarkedets Feriefond is also subject to the Danish Archives Act and therefore discloses personal data to Public Archives when data is part of documents that must be submitted to these archives.
In addition to the fact that Arbejdsmarkedets Feriefond will in certain cases disclose data as mentioned above, Ferie Konto (Holiday Account)/ATP and the Agency of Labour Market and Recruitment may in certain situations obtain data from Arbejdsmarkedets Feriefond to be used for the administration by these authorities in pursuance of the Danish Holiday Act and with a view to integration of registers for control purposes.
In addition, Arbejdsmarkedets Feriefond, if necessary, discloses or hands over your personal data to the bank connections of the fund, the auditors and attorneys of the fund as well as IT consultants and any other relevant third parties.
6. Storage of personal data
In pursuance of data protection law rules, we are permitted as a public authority to record and process personal data when it is necessary as part of our work as an authority. In addition, we must basically store the data of the case so that we can subsequently document the progress of the case.
Public law rules, including the duty to prepare notes and keep records as well as the legislation on archives, provide that public authorities will only to a small extent be able to erase personal data. However, we will of course keep your personal data in our case administration systems only as long as it is necessary in order for us to perform our tasks.
Arbejdsmarkedets Feriefond has prepared an erasure policy for how long we generally keep the various categories of cases/personal data in our case administration systems and when the data will then where relevant be either erased or be transferred for storage in an archive in accordance with the rules on archives and other relevant sets of rules. The erasure policy aims at partly ensuring that we keep personal data only as long as necessary in consideration of the performance of the task, partly ensuring that relevant data is not deleted until the possibility of the wage earner, employer or other data subjects of exercising a legal claim no longer exists. Against that background, Arbejdsmarkedets Feriefond has decided that generally the information of a case must be erased in our systems 10 years after the conclusion of the case. As already mentioned, the information will be transferred for storage in the Public Archives if the rules on archives provide for this.
7. Your rights
In accordance with the General Data Protection Regulation and the Danish Data Protection Act, you basically have a number of rights in relation to our processing of data on you. If you want to exercise your rights you must contact us.
1. Right of access to data
You have a right of access to the data we process on you as well as various other data.
2. Right of rectification
You have the right to have inaccurate data concerning you rectified. You also have the right to have data supplemented with additional data if this makes your personal data more complete and/or updated.
3. Right to erasure
In certain cases, you have the right to obtain erasure of data concerning you before our general erasure occurs. It should be pointed out that Arbejdsmarkedets Feriefond as a public authority is subject to a number of public law rules, including the duty to prepare notes and keep records as well as the legislation on archives, that mean that Arbejdsmarkedets Feriefond will only to a limited extent be able to erase personal data.
4. Right to restriction of processing
In certain cases, you have the right to have the processing of your personal data restricted. If you have the right to have processing restricted, we may in future only process the data – apart from storage – with your consent or with a view to the establishment, exercise or defence of legal claims or to protect a person or important grounds of public interest.
5. Right to object
You have the right to object to our otherwise lawful processing of your personal data. However, this applies only if our processing is based on points (e) and (f) of Article 6(1) of the General Data Protection Regulation (see in this context section 12(2) of the Danish Data Protection Act).
6. Right to transmit data (data portability)
In certain cases, you have the right to receive your personal data in a in a structured, commonly used and machine-readable format and to have this personal data transferred from one controller to another without hindrance.
Arbejdsmarkedets Feriefond is controller for the data that is collected and recorded for use for the authority’s case administration etc.
You can contact Arbejdsmarkedets Feriefond via digital post from your e-boks or via the button “digital post” from the website of the fund www.aff.dk
If you do not have NemID you can write to:
Otto Mønsteds Gade 5
1571 København V
9. Data protection officer
Arbejdsmarkedets Feriefond has appointed a data protection officer (DPO). The tasks of the DPO are among other things to provide guidance to Arbejdsmarkedets Feriefond on the processing of personal data and check that Arbejdsmarkedets Feriefond observes the rules in the field of data protection.
The DPO is also the contact point for private persons and companies concerning our processing of personal data. You may contact our DPO if for instance you have questions on our processing of personal data or if you want more information on your rights.
You can contact our DPO by unregistered letter to our address or by e-mail or telephone:
Telephone: +45 33 48 70 00
10. Complaint to the Danish Data Protection Agency
You have the right to submit a complaint to the Danish Data Protection Agency about our processing of your data. The Danish Data Protection Agency may be contacted here:
Carl Jacobsens Vej 35
+45 33 19 32 00 firstname.lastname@example.org
– Fondenes Hus – Otto Mønsteds Gade 5 – 1571 Copenhagen v – Telephone +45 3348 7000 – E-mail: Click on ”contact” at the top of the page. Telephone hours: Monday, Wednesday and Friday from 9:00 am to 11.30 am.