When transferring personal data , please ensure that we have an appropriate legal basis for processing the personal data of clients and other individuals involved in development projects, including employees and contractors. Such basis may include, for example, the performance of a contract, a legal obligation, or a legitimate interest.
Reporting Damage – When reporting damage related to development projects, it is important not to disclose excessive personal information. Information should be limited to what is necessary to assess the damage.
Data Security – Remember to implement appropriate technical and organizational measures to ensure the security of personal data that may be involved in the damage remediation process. In the event of a personal data breach, comply with GDPR requirements regarding reporting breaches to supervisory authorities and informing data subjects.
Agreements with Subcontractors – if you use the services of subcontractors in the damage repair process, you should ensure that appropriate agreements have been concluded that regulate the processing of personal data in accordance with the GDPR.
Managing personal data in the construction industry in the context of damage repair requires ensuring GDPR compliance, which can help avoid potential legal issues and protect the privacy of individuals involved in the construction process. Sharing homeowners' personal data with the repair team depends on several factors, including legal regulations, the repair company's policies, and the contractual agreement between the parties.
Providing personal data of apartment owners to the damage repair team may be treated as both entrusting and disclosing data, depending on the context and the agreement between the parties.
Personal data entrustment
This means that a data controller (e.g., a landlord) transfers personal data to a processor (e.g., a repair crew) with the intention that the processor will process the data on the controller's behalf. In such a case, a personal data processing agreement must be signed, specifying the terms of processing.
Sharing personal data : Similarly, if a homeowner provides personal data to a repair crew for the purpose of completing a specific task (e.g., repairs), this can be understood as data sharing. In such a special database situation, signing a data processing agreement is not required, but it should be done in accordance with personal data protection principles, including obtaining the appropriate consent from the data owner, if required.
To precisely determine the obligations arising from such action, it's worth considering the context of the specific situation and the agreements between the parties. Sharing personal data may also have a legal justification, for example, under a contract in which the apartment owner consents to sharing their data with the repair team at the stage of signing the main contract.
It is important that this agreement clearly defines the scope of the data transferred and the purpose of their processing.
Data minimization
Only share the personal information necessary to perform the repair service. For example, if the repair team only needs your name and phone number, do not share additional information, such as your home address, unless it is necessary.
Informing the owner : The owner of the apartment should be informed about what data will be transferred, for what purpose and for how long it will be processed.
Data security
Appropriate security measures must be in place to protect personal data to avoid unauthorized access or loss.
Agreements with subcontractors : If data is transferred to subcontractors, it must be ensured that they also comply with the principles of personal data protection, which can be regulated in mutual agreements.
Right of access : The owner of the apartment has the right to access his or her personal data, correct them and request their deletion, provided they are no longer necessary for the purposes for which they were processed.