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Last updated 31st of January 2019
MorphL, hereinafter referred to as the “Company”, strives to comply with applicable
laws and regulations related to Personal Data protection in countries where the Company operates.
This Policy sets forth the basic principles by which the Company processes the personal data of
consumers, customers, suppliers, business partners, employees and other individuals, and indicates
the responsibilities of its business departments and employees while processing personal data.
This Policy applies to the Company and its directly or indirectly controlled wholly-owned subsidiaries
conducting business within the European Economic Area (EEA) or processing the personal data of
data subjects within EEA.
The users of this document are all employees, permanent or temporary, and all contractors working
on behalf of The Company.
The following definitions of terms used in this document are drawn from Article 4 of the European
Union’s General Data Protection Regulation:
Personal Data: Any information relating to an identified or identifiable natural person ("Data
Subject") who can be identified, directly or indirectly, in particular by reference to an identifier such
as a name, an identification number, location data, an online identifier or to one or more factors
specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that
natural person.
Sensitive Personal Data: Personal data which are, by their nature, particularly sensitive in relation to
fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms. Those personal data include personal
data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade
union membership, genetic data, biometric data for the purpose of uniquely identifying a natural
person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Data Controller: The natural or legal person, public authority, agency or any other body, which alone
or jointly with others, determines the purposes and means of the processing of personal data.
Data Processor: A natural or legal person, public authority, agency or any other body which
processes personal data on behalf of a Data Controller.
Processing: An operation or set of operations which is performed on personal data or on sets of
personal data, whether or not by automated means, such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, restriction, erasure or
destruction of the data.
Anonymization: Irreversibly de-identifying personal data such that the person cannot be identified
by using reasonable time, cost, and technology either by the controller or by any other person to
identify that individual. The personal data processing principles do not apply to anonymized data as it
is no longer personal data.
Pseudonymization: The processing of personal data in such a manner that the personal data can no
longer be attributed to a specific data subject without the use of additional information, provided
that such additional information is kept separately and is subject to technical and organizational
measures to ensure that the personal data are not attributed to an identified or identifiable natural
person. Pseudonymization reduces, but does not completely eliminate, the ability to link personal
data to a data subject. Because pseudonymized data is still personal data, the processing of
pseudonymized data should comply with the Personal Data Processing principles.
Cross-border processing of personal data: Processing of personal data which takes place in the
context of the activities of establishments in more than one Member State of a controller or
processor in the European Union where the controller or processor is established in more than one
Member State; or processing of personal data which takes place in the context of the activities of a
single establishment of a controller or processor in the Union but which substantially affects or is
likely to substantially affect data subjects in more than one Member State;
Supervisory Authority: An independent public authority which is established by a Member State
pursuant to Article 51 of the EU GDPR;
Lead supervisory authority: The supervisory authority with the primary responsibility for dealing
with a cross-border data processing activity, for example when a data subject makes a complaint
about the processing of his or her personal data; it is responsible, among others, for receiving the
data breach notifications, to be notified on risky processing activity and will have full authority as
regards to its duties to ensure compliance with the provisions of the EU GDPR;
Each “local supervisory authority” will still maintain in its own territory, and will monitor any local
data processing that affects data subjects or that is carried out by an EU or non-EU controller or
processor when their processing targets data subjects residing on its territory. Their tasks and powers
includes conducting investigations and applying administrative measures and fines, promoting public
awareness of the risks, rules, security, and rights in relation to the processing of personal data, as
well as obtaining access to any premises of the controller and the processor, including any data
processing equipment and means.
“Main establishment as regards a controller” with establishments in more than one Member State,
the place of its central administration in the Union, unless the decisions on the purposes and means
of the processing of personal data are taken in another establishment of the controller in the Union
and the latter establishment has the power to have such decisions implemented, in which case the
establishment having taken such decisions is to be considered to be the main establishment;
“Main establishment as regards a processor” with establishments in more than one Member State,
the place of its central administration in the Union, or, if the processor has no central administration
in the Union, the establishment of the processor in the Union where the main processing activities in
the context of the activities of an establishment of the processor take place to the extent that the
processor is subject to specific obligations under this Regulation;
Group Undertaking: Any holding company together with its subsidiary.
The data protection principles outline the basic responsibilities for organisations handling personal
data. Article 5(2) of the GDPR stipulates that “the controller shall be responsible for, and be able to
demonstrate, compliance with the principles.”
3.1. Lawfulness, Fairness and Transparency
Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data
subject.
3.2. Purpose Limitation
Personal data must be collected for specified, explicit and legitimate purposes and not further
processed in a manner that is incompatible with those purposes.
3.3. Data Minimization
Personal data must be adequate, relevant, and limited to what is necessary in relation to the
purposes for which they are processed. The Company must apply anonymization or
pseudonymization to personal data if possible to reduce the risks to the data subjects concerned.
3.4. Accuracy
Personal data must be accurate and, where necessary, kept up to date; reasonable steps must be
taken to ensure that personal data that are inaccurate, having regard to the purposes for which they
are processed, are erased or rectified in a timely manner.
3.5. Storage Period Limitation
Personal data must be kept for no longer than is necessary for the purposes for which the personal
data are processed.
3.6. Integrity and confidentiality
Taking into account the state of technology and other available security measures, the
implementation cost, and likelihood and severity of personal data risks, the Company must use
appropriate technical or organizational measures to process Personal Data in a manner that ensures
appropriate security of personal data, including protection against accidental or unlawful destruction,
loss, alternation, unauthorized access to, or disclosure.
3.7. Accountability
Data controllers must be responsible for and be able to demonstrate compliance with the principles
outlined above.
In order to demonstrate compliance with the principles of data protection, an organisation should
build data protection into its business activities.
4.1. Notification to Data Subjects
(See the Fair Processing Guidelines section.)
4.2. Data Subject’s Choice and Consent
(See the Fair Processing Guidelines section.)
4.3. Collection
The Company must strive to collect the least amount of personal data possible. If personal data is
collected from a third party, the DPO (“Data Protection Officer”) must ensure that the personal data
is collected lawfully.
4.4. Use, Retention, and Disposal
The purposes, methods, storage limitation and retention period of personal data must be consistent
with the information contained in the Privacy Notice. The Company must maintain the accuracy,
integrity, confidentiality and relevance of personal data based on the processing purpose. Adequate
security mechanisms designed to protect personal data must be used to prevent personal data from
being stolen, misused, or abused, and prevent personal data breaches. DPO is responsible for
compliance with the requirements listed in this section.
4.5. Disclosure to Third Parties
Whenever the Company uses a third-party supplier or business partner to process personal data on
its behalf, DPO must ensure that this processor will provide security measures to safeguard personal
data that are appropriate to the associated risks. For this purpose, the Processor GDPR Compliance
Questionnaire must be used.
The Company must contractually require the supplier or business partner to provide the same level
of data protection. The supplier or business partner must only process personal data to carry out its
contractual obligations towards the Company or upon the instructions of the Company and not for
any other purposes. When the Company processes personal data jointly with an independent third
party, the Company must explicitly specify its respective responsibilities of and the third party in the
relevant contract or any other legal binding document, such as the Supplier Data Processing
Agreement.
4.6. Cross-border Transfer of Personal Data
Before transferring personal data out of the European Economic Area (EEA) adequate safeguards
must be used including the signing of a Data Transfer Agreement, as required by the European Union
and, if required, authorization from the relevant Data Protection Authority must be obtained. The
entity receiving the personal data must comply with the principles of personal data processing set
forth in Cross Border Data Transfer Procedure.
4.7. Rights of Access by Data Subjects
When acting as a data controller, DPO is responsible to provide data subjects with a reasonable
access mechanism to enable them to access their personal data, and must allow them to update,
rectify, erase, or transmit their Personal Data, if appropriate or required by law. The access
mechanism will be further detailed in the Data Subject Access Request Procedure.
4.8. Data Portability
Data Subjects have the right to receive, upon request, a copy of the data they provided to us in a
structured format and to transmit those data to another controller, for free. DPO is responsible to
ensure that such requests are processed within one month, are not excessive and do not affect the
rights to personal data of other individuals.
4.9. Right to be Forgotten
Upon request, Data Subjects have the right to obtain from the Company the erasure of its personal
data. When the Company is acting as a Controller, DPO must take necessary actions (including
technical measures) to inform the third-parties who use or process that data to comply with the
request.
Personal data must only be processed when explicitly authorised by DPO.
The Company must decide whether to perform the Data Protection Impact Assessment for each data
processing activity according to the Data Protection Impact Assessment Guidelines.
5.1. Notices to Data Subjects
At the time of collection or before collecting personal data for any kind of processing activities
including but not limited to selling products, services, or marketing activities, DPO is responsible to
properly inform data subjects of the following: the types of personal data collected, the purposes of
the processing, processing methods, the data subjects’ rights with respect to their personal data, the
retention period, potential international data transfers, if data will be shared with third parties and
the Company’s security measures to protect personal data. This information is provided through
Privacy Notice.
If your company has multiple data processing activities, you will need to develop different notices
which will differ depending on the processing activity and the categories of personal data collected –
for example, one Notice might be written for mailing purposes, and a different one for shipping
purposes.
Where personal data is being shared with a third party, DPO must ensure that data subjects have
been notified of this through a Privacy Notice.
Where personal data is being transferred to a third country according to Cross Border Data Transfer
Policy, the Privacy Notice should reflect this and clearly state to where, and to which entity personal
data is being transferred.
Where sensitive personal data is being collected, the Data Protection Officer must make sure that the
Privacy Notice explicitly states the purpose for which this sensitive personal data is being collected.
5.2. Obtaining Consents
Whenever personal data processing is based on the data subject's consent, or other lawful grounds,
DPO is responsible for retaining a record of such consent. DPO is responsible for providing data
subjects with options to provide the consent and must inform and ensure that their consent
(whenever consent is used as the lawful ground for processing) can be withdrawn at any time.
Where collection of personal data relates to a child under the age of 16, DPO must ensure that
parental consent is given prior to the collection using the Parental Consent Form.
When requests to correct, amend or destroy personal data records, DPO must ensure that these
requests are handled within a reasonable time frame. DPO must also record the requests and keep a
log of these.
Personal data must only be processed for the purpose for which they were originally collected. In the
event that the Company wants to process collected personal data for another purpose, the Company
must seek the consent of its data subjects in clear and concise writing. Any such request should
include the original purpose for which data was collected, and also the new, or additional,
purpose(s). The request must also include the reason for the change in purpose(s). The Data
Protection Officer is responsible for complying with the rules in this paragraph.
Now and in the future, DPO must ensure that collection methods are compliant with relevant law,
good practices and industry standards.
DPO is responsible for creating and maintaining a Register of the Privacy Notices.
The responsibility for ensuring appropriate personal data processing lies with everyone who works
for or with the Company and has access to personal data processed by the Company.
The key areas of responsibilities for processing personal data lie with the following organisational
roles:
The CEO makes decisions about, and approves the Company’s general strategies on personal data
protection.
The Data Protection Officer (DPO) or Chief Technical Officer (CTO), is responsible for managing the
personal data protection program and is responsible for the development and promotion of
end-to-end personal data protection policies, as defined in Data Protection Officer Job Description;
The Legal Affairs Department/Counsel together with the Data Protection Officer, monitors and
analyses personal data laws and changes to regulations, develops compliance requirements, and
assists business departments in achieving their Personal data goals.
The CTO, is responsible for:
7.1. Necessity to Establish the Lead Supervisory Authority
Identifying a Lead supervisory authority is only relevant if the Company carries out the cross-border
processing of personal data.
Cross border of personal data is carried out if:
a) processing of personal data is carried out by subsidiaries of the Company which are based in
other Member States;
or
b) processing of personal data which takes place in a single establishment of the Company in the
European Union, but which substantially affects or is likely to substantially affect data
subjects in more than one Member State.
If the Company only has establishments in one Member State and its processing activities are
affecting only data subjects in that Member State than there is no need to establish a lead
supervisory authority. The only competent authority will be the Supervisory Authority in the country
where Company is lawfully established.
7.2. Main Establishment and the Lead Supervisory Authority
7.2.1. Main Establishment for the Data Controller
The CEO needs to identify the main establishment so that the lead supervisory authority can be
determined.
If the Company is based in an EU Member State and it makes decisions related to cross-border
processing activities in the place of its central administration, there will be a single lead supervisory
authority for the data processing activities carried out by the Company.
If Company has multiple establishments that act independently and make decisions about the
purposes and means of the processing of personal data, the CEO needs to acknowledge that more
than one lead supervisory authority exists.
7.2.2. Main Establishment for the Data Processor
When the Company is acting as a data processor, then the main establishment will be the place of
central administration. In case the place of central administration is not located in the EU, the main
establishment will be the establishment in the EU where the main processing activities take place.
7.2.3. Main Establishment for Non-EU Companies for Data Controllers and Processors
If the Company does not have a main establishment in the EU, and it has subsidiarie(s) in the EU,
then the competent supervisory authority is the local supervisory authority.
If the Company does not have a main establishment in the EU nor the subsidiaries in the EU, it must
appoint a representative in the EU, and the competent supervisory authority will be the local
supervisory authority where the representative is located.
When the Company learns of a suspected or actual personal data breach, DPO must perform an internal investigation and take appropriate remedial measures in a timely manner, according to the Data Breach Policy. Where there is any risk to the rights and freedoms of data subjects, the Company must notify the relevant data protection authorities without undue delay and, when possible, within 72 hours.
The Audit Department or other relevant department is responsible for auditing how well business departments implement this Policy. Any employee who violates this Policy will be subject to disciplinary action and the employee may also be subject to civil or criminal liabilities if his or her conduct violates laws or regulations.
This Policy is intended to comply with the laws and regulations in the place of establishment and of the countries in which MorphL operates. In the event of any conflict between this Policy and applicable laws and regulations, the latter shall prevail.
This document is valid as of 31.01.2019. The owner of this document is DPO, who must check and, if necessary, update the document at least once a year.
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