Grants and personal data protection

This is the first time in the history of accessing grants in Romania that the existence of a Data Protection Officer (DPO), whether employed or outsourced, is a condition that eliminates the need for applicants for grants.

This requirement is imposed on those interested in accessing non-reimbursable funds through POC 4.1.1 „Investments in productive activities” – the funding program for SMEs affected by the COVID-19 pandemic and which will be opened from 21-25.03.2022(https://smis.ro/finantari/poc411/) by the Ministry of European Investments and Projects.

What the Applicant’s Guide states: in order to be eligible, the applicant for funds submitting a project under this call must prove:

• Either that it has a Data Protection Officer (DPO) of its own
• Or that it has outsourced these services to an external service provider. In this case, when submitting the application for funding, it shall present the option of outsourcing these services in the chapter on the presentation of the Human Resources involved, showing the role of the GDPR Officer in the project and, subsequently, at the first pre-financing/payment/ reimbursement request, it must present the contract for these services.

In either of the two situations, it is necessary for the applicant to demonstrate at the time of submitting the grant application that it has a DPO in the implementation team who has completed a training course in the field of personal data protection and to maintain the contract with the DPO for the entire period of the project implementation.

Although we have behind us a long history of legal advice in the world of non-reimbursable funds, dating back to the period of the first sectoral operational programs (2007-2014) some of which were intended for target groups consisting of thousands of individuals, although even then there was a legal framework applicable to personal data (through the repealed Law 677/2001), this is the first time that ensuring the protection of personal data is an eliminatory condition for those wishing to receive funding through POC 4.1.1.

According to information on the website of the Ministry of European Investments and Projects, POC 4.1.1 is the call that replaces the previously canceled Measure 3, which is enjoying enormous interest from SMEs, with an estimated 15,000 projects to be submitted.