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Order Of 19 December 2014 Authorizing Automated Processing Of Personal Data On The Cloud Service Management Tools Of The European Social Fund For The Period 2014-2020

Original Language Title: Arrêté du 19 décembre 2014 portant autorisation de traitements automatisés de données à caractère personnel relatives au service dématérialisé des outils de gestion du Fonds social européen pour la période 2014-2020

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JORF no.0007 of 9 January 2015
text No. 33



Order of 19 December 2014 authorizing automated personal data processing for the dematerialized service of the management tools of the European Social Fund for the period 2014-2020

NOR: ETSD1431235A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/12/19/ETSD1431235A/jo/texte


The Minister of Labour, Employment, Vocational Training and Social Dialogue,
Having regard to Regulation (EC) No. 1303/2013 of the European Parliament and of the Council of 17 December 2013 on common provisions relating to the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Fund for Ocean Affairs and Fisheries, with general provisions applicable to the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Fund for Ocean Affairs and Fisheries (EC) No. 1083/2006
Having regard to Regulation (EU) No. 1304/2013 of the European Parliament and Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No. 1081/2006;
Vu la Act No. 78-17 of 6 January 1978 modified in relation to computing, files and freedoms, including article 27-II (4°);
Vu le Decree No. 78-774 of 17 July 1978 taken for the application of chapters I to IV and VII of Act No. 78-17 of 6 January 1978 on computer science, files and freedoms;
Vu le Decree No. 2014-580 of 3 June 2014 relating to the management of all or part of the European Funds for the period 2014-2020;
Vu the opinion of the National Commission for Informatics and Freedoms of 13 November 2014,
Stop it!

Article 1 Learn more about this article...


Is authorized to implement automated personal data processing related to the provision of the "dematerialized service of the management of the SSF" to users via a portal called "My SSF Start". This portal continues the following purposes:


- facilitate access and simplify the management of the European Social Fund in France;
- improve the quality of service rendered to beneficiaries;
- facilitate the processing and management of requests and achievements by management services;
- facilitate the development of data processing for grant applications;
- align existing information networks;
- accelerate the processing of the European Social Fund to beneficiaries;
- allow for a detailed and reliable monitoring of the implementation of the programme and the evaluation of its effectiveness, efficiency and impact by conducting, inter alia, surveys of participants in accordance with the obligations of the above-mentioned European regulations;
- facilitate cross-checking between the European Funds and audits in accordance with European regulations.

Article 2 Learn more about this article...


I. - Registered personal information concerning participants is as follows:


- name, first name, date and common birth including, where applicable, indication of birth abroad, sex;
- address, telephone, email address;
- Labour market status (employment or training);
- degree level;
- household situation (life in single-parent households, dependent children);
- indication of disability;
- indication of the benefit of social minima;
- indication of housing difficulties;
- indication of a parent born abroad;
- individual data relating to participants including list of participants, diplomas, CVs, training contracts, training certificates, participant remuneration, attendance sheets, absence proofs, public attachments to the operation, supporting documentation to identify the type of exit.


II. - Recorded information about the project holder or the recipient organization is as follows:


- name and first name of the project owner or the head of establishment or company name, address, telephone, fax, e-mail address;
- social reason for the establishment, SIRET number of the contract execution establishment, APE code and/or NAF code;
- sector of activity, main activity of the enterprise, staffing, status;
- social system of the company;
- delegation of signature;
- bank or postal identity statement;
- tax or default certificate on the honour of non-taxation;
- receipt of declaration at the prefecture;
- list of board members;
- full tax balance, final balance sheet and approved result account and report of the External Auditor;
- extract K bis, registration in the trade register;
- Order for approval of the constitutive convention;
- certificate of "non-debt";
- subcontracting conventions;
- document attesting to the ability of the legal representative to commit the organization's responsibility for the operation;
- FSE grant application file dated, signed and stamped, with precise identification of the signatory (name, name, function);
- deliberation of the competent body approving the project and the planned funding plan;
- Co-financing certificates;
- co-financing certificates;
- elements relating to employees, including lists of employees, employee payrolls, employee time monitoring forms, annual social data reports, work orders, work contracts, proof of acquittal or refund sheets;
- Comparative status report between women and men.


III. - The processing of supporting documents is strictly limited to the control of the eligibility of project participants and the results of the actions carried out on their situation, to the extent strictly required by the European Commission.

Article 3 Learn more about this article...


The creation of an account for the recipient organization of the dematerialized service allows the seizure, registration, transmission and retention of the data referred to in section 2 and the monitoring and management of the program.
These data are transmitted to the organizations referred to in Article 4 by dematerialized means.
The recipient organization may follow at any time the evolution of the processing of its file on the portal.
The accounts created online are automatically recorded and remain active all the time that the organization is beneficiary of the European Social Fund within the meaning of the above-mentioned European regulations.

Article 4 Learn more about this article...


The data referred to in Article 2 are accessible to the officers of the bodies responsible for the management of the European Social Fund and to the national and European authorities and services responsible for the control of the good use of the European Social Fund, because of their respective responsibilities and the need to know them.

Article 5 Learn more about this article...


The information referred to in Article 2 of this Order shall be retained for a period of nineteen years from 1 January 2014 and shall be anonymized. This period shall be extended, if any, by the suspension of a period of time following judicial proceedings or a reasoned request of the European Commission.

Article 6 Learn more about this article...


The rights of access and rectification provided for in sections 39 and 40 of the amended Act of 6 January 1978 relating to computer science, files and freedoms are exercised with the General Delegation for Employment and Vocational Training.

Article 7 Learn more about this article...


The General Delegate for Employment and Vocational Training is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 19 December 2014.


For the Minister and by delegation:

The General Delegate for Employment and Vocational Training,

E. Wargon


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