Disclaimer & Privacy Policy

Disclaimer

Organization

OIPC asbl / OOBC vzw is a non-profit organization (VAT BE 475.031.566), from the consumer organization Test Aankoop /Test Achats. This non-profit organization holds 2 services:

  1. The European Consumer Centre (ECC) Belgium is part of the European Consumer Centres’ Network (ECC-Net), established by the European Commission to inform and advice the European consumer about cross-border purchases.

    ECC Belgium is co-funded by the European Union and the Federal Public Service Economy, SMEs, Self-Employed and Energy and OICP asbl.

    European Consumer Centre Belgium
    Hollandstraat 13 Rue de Hollande
    Brussel 1060 Bruxelles
    Phone: +32 2 542 33 46
    Fax: +32 2 542 32 43
    Email : info@eccbelgium.be

  2. The ODR contact point holds its legal basis in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). OIPC asbl is hosting the ODR contact point in Belgium.

    The ODR contact point is funded by the Federal Public Service Economy, SMEs, Self-Employed and Energy and OIPC asbl.

    ODR contact point Belgium
    Hollandstraat 13 Rue de Hollande
    Brussel 1060 Bruxelles
    Phone: +32 2 892 37 12
    Email: odr@eccbelgium.be

Disclaimer

Please note that despite the constant careful controls, ECC Belgium / ODR contact point Belgium cannot guarantee the correctness of the information disseminated via this website. An effort is also put into controlling the content of external links provided on this website. However, only the operators of these websites are liable for their content.

Copyrights and other special protection rights

The information disseminated via this website is protected by copyright. Single copies of information retrieved from this website can be stored on a single computer for the non-commercial, personal and internal use. Those graphs, texts, logos, pictures which copyright is held by the European Consumer Centre Belgium can only be downloaded, multiplied, copied, modified, published, forwarded, transferred or used in any way, if authorised in written form by the European Consumer Centre Belgium. Unauthorised use may lead to injunctions, claims for compensation and other legal actions.

Copyright notice: © European Consumer Centre Belgium - © ODR contact point

The source of the published visual material may be  free pictures’ databases, such as www.pixabay.com, the European Commission (©) or the European Parliament (©).

Editor in chief: Karen Ghysels
Responsible publisher: Vincent Fraselle

The website from ECC Belgium is part of the action 670706 – ECC-Net BE FPA which has received funding under a grant for an ECC action from the European Union’s Consumer Programme (2014-2020).

The content of the website from ECC Belgium represents the views of the author only and it is his/her sole responsibility; it cannot be considered to reflect the views of the European Commission and/or the Consumers, Health, Agriculture and Food Executive Agency or any other body of the European Union. The European Commission and the Agency do not accept any responsibility for use that may be made of the information it contains.

Data Protection Privacy Policy – what happens with your data?

ECC Belgium and the ODR contact point take the protection of your data seriously. These non-profit projects aim at raising awareness of and promoting consumers rights in Europe. Your data is exclusively collected, stored and used to respond to your inquiries and complaints and to defend your interests.

You will find information here on how we handle your data.

Responsible body

OIPC asbl / OOBC vzw is a non-profit organization (VAT BE 475.031.566), from the consumer organization Test Aankoop /Test Achats. This non-profit organization holds 2 services:

  1. The European Consumer Centre (ECC) Belgium is part of the European Consumer Centres’ Network (ECC-Net), established by the European Commission to inform and advice the European consumer about cross-border purchases.

    ECC Belgium is co-funded by the European Union and the Federal Public Service Economy, SMEs, Self-Employed and Energy and OICP asbl.

    European Consumer Centre Belgium
    Hollandstraat 13 Rue de Hollande
    Brussel 1060 Bruxelles
    Phone: +32 2 542 33 46
    Fax: +32 2 542 32 43
    Email : info@eccbelgium.be

  2. The ODR contact point holds its legal basis in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). OIPC asbl is hosting the ODR contact point in Belgium.

    The ODR contact point is funded by the Federal Public Service Economy, SMEs, Self-Employed and Energy and OIPC asbl.

    ODR contact point Belgium
    Hollandstraat 13 Rue de Hollande
    Brussel 1060 Bruxelles
    Phone: +32 2 892 37 12
    Email: odr@eccbelgium.be

Data Protection Officer
Because of the limited number of staff members employed by OIPC asbl for ECC Belgium and the ODR contact point and the limited activity in the collection of data, no data protection officer is appointed.

However, for the data processing system provided by the European Commission for the ECC-Net, a Data Protection Officer is appointed. Test Aankoop /Test Achats as host structure of OIPC asbl also has a proper Data Protection Officer.

What is personal data

According to the General Data Protection Regulation and Belgian Privacy Act, all information related to your person is subject to special protection (OR: Your data).

These can be: your name, a picture, a phone number (even a professional number), a code, a bank account number, an email address, a fingerprint, ...

Personal data may only be collected if they are necessary to achieve the purpose indicated and if they are relevant. Data must be collected in all honesty and transparency, which means that the individual to whom the data relate (data subject = you) must be informed about the processing by the controller or a representative, if any.

This information can only be processed, if authorized by law or if the person concerned has given his consent.

For more information: https://www.dataprotectionauthority.be/

Who has access to your personal data

Only employees from ECC Belgium and the ODR contact point entrusted with your request are granted access to your personal data. In addition, access to data is protected by passwords and the system uses encrypted connections in order to prevent access to your data from the outside.

ECC Belgium and the ODR contact point grant the Helpdesk and Webteam from the host of OIPC asbl, Test Aankoop / Test Achats, a very limited access to personal data. Its access right is limited to technical issues, for example the maintenance of the system and website.

What happens with your data

Request for a publication

When transmitting your name and email address via the website, by telephone or by mail, with the purpose of receiving a publication, ECC Belgium is committed to only use your data in order to execute your request and to safeguard your privacy, while providing a high quality of service.

Your request, and therefore your personal data, will be entered by yourself or by us (upon your mail or phone request) on the ECC website and generated automatically into a database. Once your request has been handled, your information will be deleted. Your personal data won’t be stored longer than two months. Hence when requesting a publication, your data is registered with your consent (art 6(1)(a)GDPR).

Your anonymous request is stored in the data processing system from the European Commission.

Calling the European Consumer Centre or ODR contact point

When calling ECC Belgium / ODR contact point Belgium, call centre software will transfer your call to the right advisor and register your telephone number. This information is not collected nor stored. Only the number of calls, length of the call … are stored for monitoring purposes. No personal data is recorded at this point.

For the European Consumer Centre: All questions received by phone are registered in the data processing system provided by the European Commission.

For the ODR contact point: All requests are registered in an Excel file with your name as reference to avoid double encoding. The records in this Excel file are only used for statistical reasons. Your personal data in this file is stored for one year for reporting purposes. After this year, your personal data will be erased from the file.  

Hence, when calling ECC Belgium or the ODR contact point, your data is handled with your consent (art 6(1)(a)GDPR).

Newsletter ECC Belgium

In order to receive the ECC Belgium’s newsletter, you need to actively enter your name and e-mail address on the website or you can send your request by e-mail. ECC Belgium is committed to only use your data in order to execute your request and to safeguard your privacy, while providing a high quality of service. ECC Belgium treats your personal information as confidential and your details will not be given or sold to a third party.

Starting from 16/4/2018, ECC Belgium uses MailChimp to manage the database and to mail the ECC Belgium’s newsletter (bimonthly). MailChimp complies with the new GDPR rules (https://mailchimp.com/legal/privacy/).

At any time you have the possibility to unsubscribe from this database by clicking the unsubscribe button in the newsletter.

You can also request to take your personal information off this list at any time by phone (+32 2 542 33 46), by fax (+32 2 542 32 43) or by email (communication@eccbelgium.be).

Hence when subscribing to the ECC newsletter, your data is registered with your consent (art 6(1)(a)GDPR).

Press releases ECC Belgium and ODR contact point

If you are a journalist and would like to receive the ECC Belgiums’ / ODR contact pontt’s press releases, you can register on the website. While filling the form, your personal data will be recorded in order to execute your request and send you the press release.

Data of journalists who contacted ECC Belgium or the ODR contact point is stored. These journalists gave their oral or written consent to be in this database in Excel. This database is only used to contact the press. 

You can request to take your personal information off this list at any time by phone (+32 2 542 33 46), by fax (+32 2 542 32 43) or by email (communication@eccbelgium.be).

Hence when communication your data for press information purposes, your data is registered with your consent (art 6(1)(a)GDPR) or because ECC Belgium / ODR contact point Belgium have a legitimate interest (art 6(1)(f)GDPR) in keeping this database of journalists.

E-mails send to the European Consumer Centre Belgium or the ODR contact point

When sending an email to an address @eccbelgium.be, you give your consent to handle your request. We will only use your personal data in this email, to handle your request.

Emails older than two years are archived. The archives are safeguarded for ten years (the legal retention period for civil responsibility) for civil responsibility purposes.

All queries from consumers sent to ECC Belgium are also stored in the data processing system provided by the European Commission.

Hence when communication your data, your data is registered with your consent (art 6(1)(a)GDPR).

Handling of your request by the ODR contact point

All activity on the ODR platform is managed by the privacy statement from the ODR platform itself.

When contacting the ODR contact point by email, please see the part above. The ODR contact point will give advice, but your data won’t be transferred to other parties through mail.

Handling of your request by ECC Belgium

When you contact ECC Belgium for advice or submit a complaint against a company, your personal data will be stored in a data processing system from the European Commission.

Please know that for the handling of your case your data might be communicated to the opposing company. This also applies when your inquiry or complaint is forwarded from another organization (for example from a European Consumer Centre based in another country).

In some cases your personal data might be forwarded to other instances. For example a European Consumer Centre based in another country, an instance of alternative dispute settlement or the Inspection Services member of the CPC Network. Your agreement will be requested before doing this.

To this end, your data is saved in a data processing system provided by the European Commission.

Data processing system provided by the European Commission – European Consumer Centre

Requests entered into the case handling programme used by the European Consumer Centres Network fall under the following privacy statement from the European Commission:

This privacy statement explains the reason for  the processing, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you may exercise in relation to your data (the right to access, rectify, block etc.).

The European institutions are committed to protecting and respecting your privacy. As this service/application collects and further processes your personal data, Regulation (EC) N°45/20011, of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, is applicable.

ECC-Net aims to promote consumer confidence by advising citizens on their rights as consumers and providing easy access to redress, in cases where the consumer has purchased something in another country to his/her own (cross-border). ECCs provide consumers with a wide range of services, from providing information on their rights to giving advice and assistance to their cross-border complaints and informing about the available resolution of disputes. They also advise on out-of- court-settlement procedures (ADR) for consumers throughout Europe and provide consumers with easy and informed access to such procedures, when an agreement could not be reached directly with the trader and where an applicable ADR is available.

To enable ECC-Net to provide the above mentioned services to the citizens, an IT Tool, ECC-Net 2, is used to collect and handle complaints and the necessary data including your personal data. The IT tool is operated by the European Commission.

The collection and processing of the above personal data through ECC-Net 2 follows the provisions of Regulation (EC) N° 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by Community institutions and bodies and on the free movement of such data and more specifically article 5, Paragraph (a and b).

Why do we process your data?

Purpose of the processing operation: Head of Unit E.3: Consumer Enforcement and Redress, Directorate-General for Justice and Consumers, European Commission (referred to hereafter as Data Controller) collects and uses your personal information to assist the work of the European Consumer Centres.

The aim of the European Consumer Centres’ Network (ECC-Net) is to provide consumers with information and advice on their rights, and assist them with the handling of their cross-border complaints and disputes within the EU/EEA, so that consumers can take full advantage of the internal market.

In order to fulfil their role, ECC-Net 2 is used by the ECCs to process relevant data, insofar and as long as necessary, for one or more of the following purposes:

  • to enable communication between the ECC and the consumer
  • to facilitate the assessment of a request
  • to attempt resolving complaints or disputes, whether directly with the trader complained about, or through an ADR entity
  • to enable consumers to follow up the status of their requests
  • to provide anonymised statistics, including on suspected infringements

Further information on ECC-Net can be found on https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint/european-consumer-centres-network_en

ECC-Net 2 falls under the following legal basis / lawfulness

Regulation (EU) No 254/2014 of the European Parliament and of the Council of 26 February 2014 on a multi-annual consumer programme for years 2014-20 and repealing Decision No 1926/2006/EC and, more specifically, articles 2 and 3(1)(c) and (d) of this Regulation.

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and, in particular, article 21.

Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) and, more specifically, article 14 of the Directive.

Regulation (EU) 2017/2394 of the European Parliament and of the Council  of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 and, in particular, article 27(1).

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by Community institutions and bodies and on the free movement of such data.

Having regard to article 5 of the aforesaid Regulation (EC) 45/2001, the data processing is considered lawful because it is necessary to meet the requirements of the legal instruments mentioned above, and to ensure compliance of the Commission with its legal obligations.

Which data do we collect and process?

We collect data about the following type of users:

  • Consumers in the European Union, Norway and Iceland who approach ECCs for information and assistance (Consumers);
  • Contact persons for the traders in the European Union, Norway and Iceland involved in consumer complaints or disputes (Trader representatives);
  • Contact persons in ADR entities (ADR representatives);

The personal data collected and further processed are:

a) For Consumers:

The data processed are:

  • Name of the consumer/reporter;
  • Address;
  • Post code;
  • Country of residence;
  • Telephone;
  • Email;
  • Gender;
  • Communication language;
  • Summary/Description of the request

Further personal data upon explicit consent may be collected if necessary for handling the complaint such as bank details.

b) For Trader representatives:

Data from individual trader's representatives is rarely store in the system but, when processed may include:

  • Name of the trader's representative;
  • Professional address;
  • Post code;
  • Country;
  • Professional Telephone;
  • Professional email;

c) For ADR representatives:

Data from individual trader's representatives is rarely store in the system but, when processed may include:

  • Name of the ADR's representative;
  • Professional address;
  • Post code;
  • Country;
  • Professional Telephone;
  • Professional email;

How long do we keep your data?

Personal data of the consumers, traders' and ADRs' representatives shall be kept as long as a case remains open, and no longer than one year after it has been closed. This is to allow follow-up if there are new developments after the closure of the case. Once the retention period expires, the information is anonymised and only kept for statistical purposes.

How do we protect your data?

All data in electronic format (emails, documents, uploaded batches of data etc.) are stored either on the servers of the European Commission or of its contractors; the operations of which abide by the European Commission’s security decision of 16 August 2006 [C(2006) 3602] concerning the security of information systems used by the European Commission;

The Commission’s contractors are bound by a specific contractual clause for any processing operations of your data on behalf of the Commission, and by the confidentiality obligations deriving from the transposition of Directive 95/46/CE

Who has access to your data and to whom is it disclosed?

To resolve your request it may subsequently be shared, with your express consent, with the ECC where the trader is based or, where appropriate, with relevant bodies such as an ADR entity or a National Enforcement Body (NEB).

Shared requests may result in contact with the trader. When such contact is made, your data may be shared too insofar as necessary to resolve the request;

Access to your data is provided to authorised staff according to the “need to know” principle. Such staff abide by statutory, and when required, additional confidentiality agreements.

The authorised staff are the Case handlers in the European Consumer Centres and the European Commission staff charged with product or business management of ECC-Net 2.

Norway and Iceland are EEA/EFTA countries and members of the European Consumer Centres Network. Transfer between ECCs in the EU and the ECCs in Norway or Iceland is therefore considered an Article 8 transfer in the meaning of the Regulation No 45/2001.

What are your rights and how can you exercise them?

According to Regulation (EC) n°45/2001, you are entitled to access your personal data and rectify and/or block it in case the data is inaccurate or incomplete.  You can exercise your rights by contacting the European Consumer Centre with which you have been in contact or the data controller, or in case of conflict the Data Protection Officer of the Commission and if necessary the European Data Protection Supervisor using the contact information given at point 8 below.

Contact information

If you have comments or questions, any concerns or a complaint regarding the collection and use of your personal data, please feel free to contact the European Consumer Centre with which you have been in contact or the Data Controller using the following contact information:

European Consumer Centre  Belgium
Functional mailbox: info@eccbelgium.be
Phone: +32 2 542 33 46
Fax: +32 2 542 32 43

The Data Controller
Head of Unit E.3: Consumer Enforcement and Redress
Directorate-General for Justice and Consumers
European Commission
E-mail: JUST-E3@ec.europa.eu
Telefax:+32 2 2989432

The Data Protection Officer (DPO) of the Commission: DATA-PROTECTION-OFFICER@ec.europa.eu

The European Data Protection Supervisor (EDPS): edps@edps.europa.eu.

Where to find more detailed information?

The Data Protection Officer of the Commission publishes the register of all operations processing personal data. You can access the register on the following link: http://ec.europa.eu/dpo-register

This specific processing has been notified to the DPO with the following reference: DPO-3984.1.

1 Regulation (EC) N° 45/2001 (OJ L8 of 12/01/2001).