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On what legal basis does Inforegister process personal data?

The mission of Inforegister is to stand at the defence of a fair and transparent economy and it takes action for a strong and competitive economy. Inforegister was created and is managed by REGISTER OÜ.

Personal data processed by Register OÜ

Register OÜ processes the personal data of the following persons, including data subjects:

ajutine pankrotihaldur likvideerija ülesannetes, dokumentide hoidja, esindama volitatud usaldusosanik, filiaali juhataja, füüsilisest isikust ettevõtja, haldusnõukogu liige, juhatuse liige, juhatuse liikmest likvideerija, järelevalveõiguslik pankrotihaldur, likvideerija, lisavastutusega ühistu liige, menetlusdokumentide kättesaamiseks pädev isik, moratooriumihaldur, pandipidaja, pankrotihaldur, prokurist, täisosanik, usaldusosanik, äriühingu seadusjärgne esindaja, ühistu liige, aktsionär, asutaja, asutaja (sissemakseta), audiitor, esindama volitatud isik, esindama volitatud usaldusosanik, esindama õigustatud isik(ud), ettevõtja, hooneühistu liige, juhatuse ainuliige, juhatuse esimees, juhatuse liige (juhataja), kohaliku omavalitsuse liidu liige, liikmeskogudus, mitterahalist sissemakset hinnanud audiitor, nõukogu esimees, nõukogu liige, osanik, pankrotitoimkonna liige, revisjonikomisjoni liige, ühendav füüsiline isik.

Register OÜ processes the following data on data subjects: first name, surname, ID code, country of residence, related registry code, starting date of role, end date of role, size of share in euros.

The legal basis for personal data processing – legitimate interest

The legal basis for processing the aforementioned personal data is the legitimate interest of Register OÜ (Regulation (EU) 2016/679 of the European Parliament and of the Council General Data Protection Regulation article 6 (1) f)). According to point (f) of the first subparagraph, the processing of personal data is lawful if processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

Inforegister.ee is a professional tool that assists in conducting thorough research into your business partner’s background, payment patterns and economic situation. Networks, debts, and daily updated Scores are available 24/7 despite time of day or location, and help to make informed business decisions quickly. Register OÜ is the administer of the portal Inforegister.ee which focuses on developing analytical models based on data.

Register OÜ develops products that make business processes more efficient – helping to save on resources, prevent losses and increase profits. For example, Inforegister’s solution – the Credit Score – is able to predict the possibility of a company facing insolvency or compulsory dissolution within the next 12 months and expresses the maximum probability of a company not meeting its obligations to its creditors. Register OÜ on a mission – we are working towards the goal of making the Estonian economic environment and business landscape more transparent, fair and competitive.

To reach these goals, Register OÜ processes data that do not fall under the Personal Data Protection Act and GDPR, as well as data the processing of which is regulated by these Acts. The former is data on legal persons (e.g., data on insolvency) and non-sensitive data on the natural persons listed earlier that are connected to a business entity at the moment. The personal data processed by Register OÜ regulated by the Personal Data Protection Act and GDPR are data regarding data subjects that have been related to a business entity in the past (have pursued one or more of the aforementioned roles in a business entity). The processing of such personal data allows for assessing the solvency of companies related to persons and the probability of payment before and after the transaction. The historical information associated with natural persons is necessary for identifying payment patterns and making prognoses of related companies. The former roles of a natural person in a business entity are necessary data for potential contracting partners since they help assess risks involved. For instance, in the process of making the decision of whether to start a business or working relationship with a company it is vital to know if the past enterprises of a natural person related to the company have been problematic.

There have been a lot of queries regarding why and for whom is it necessary to collect data on all of the representatives of a business entity. In order to provide a wholesome and reliable service, we require data on all business entities. If we were to add only select companies to the database, we would not be providing a dependable service. So, if a specific company were not on the Inforegister database, it would perhaps convey the impression that trading with this company did not involve any risks. To confirm or contradict that, the client would need to spend extra time on additional analytics; and this would reduce the amount of time available on activities that are actually productive.

Register OÜ’s legitimate interest is not overridden by the fundamental rights and freedoms of the data subjects. Register OÜ considers that the fundamental rights and freedoms of the data subjects do not outweigh the legitimate interest of personal data processing described above.

Register OÜ only processes personal data that are not sensitive. We are dealing with data on persons related with business entities that is also publicised on the Commercial Register. We do not process data that according to GDPR require special protection. The data that we process is commonly used by many due to their business activities or the nature of their profession.

Personal data not considered ‘sensitive’ are the former relations of a person:

Registry code

Starting date

End date

11221122

14/03/2007

29/05/2018

22112211

30/09/2002

04/06/2017

33113311

17/10/1997

07/04/2017

44112211

06/05/2011

27/11/2013

Personal data processed by Register OÜ come from public holders of information (public databases). The Court of Justice for the EU has found that when weighing the legitimate interest of the data processor against the interests of the data subjects, the seriousness of the infringement of fundamental rights of the data subject may depend on whether the data concerned have already been publicised in sources available to the public or not. The data relating to professional or commercial activities of persons processed by Register OÜ is public on the Commercial Register and everyone has access to those data. Based on this, specific data subjects may presume that their personal data is being processed.

Register OÜ makes sure that personal data is only processed to the limit necessary for achieving the set goals. For example, Register OÜ does not process information on debts of natural persons, but only information on relations of natural persons to legal persons and debts of legal persons. All information on former relations related to a person are deleted in entirety if the natural person has completely finished all business activities related to business management and five years has passed from the last role; in this case, all articles on Storybook are deleted as well. The process of deleting such information is automated and takes place every night from 0:00 to 6:00 all year round.

Moreover, not all of the personal data processed by Register OÜ is public on the Inforegister portal. Most data require signing a contract with Register OÜ in order to be accessed. In the public view, only names of valid representatives of a company are displayed. By clicking on a name, public valid registry card relations are displayed. To view detailed contact details and descriptions of a company and to follow a company, logging in is necessary; this service is free of charge. Free-of-charge login does not grant access to any information on natural persons not available on the public view. To access information on a person’s shares in business entities and former relations to business entities requires registration as a contractual user of Inforegister. In order to access information on companies’ credit reports, credit recommendations and proposals, financial and media reports, searches of owners, board members and relations and information on activity licenses, you must order access to at least one of the products of Register OÜ, meaning a contract with Register OÜ must be concluded.

Therefore, only data not covered by Personal Data Protection Act is visible on the public view, because this data is not private, but related to economic activities, and the persons in question have the possibility of influencing the economic activities of a legal person. Access to data that falls under the protection of private data, such as former relations to business entities, is restricted to contractual clients of Register OÜ. Persons with legitimate interest in viewing personal data of data subjects are probably more likely to become contractual clients. It follows that Register OÜ has limited potential infringement of fundamental rights of data subjects by minimising data publicly available. By the same token, there is less data available than on the free registry card accessible on the Commercial Register, displaying for example the ID code of board members of companies.

Register OÜ has introduced measures to ensure transparency of processing personal data. Our privacy policy is available on our homepage, enabling everyone (potential and actual data subjects) to acquaint themselves to which data is processed by Register OÜ and how. As is described in the privacy policy, all rights defined in the GDPR are guaranteed to data subjects: right of access, right to rectification, right to erasure, right to data portability, right to object to processing, and the right to withdraw consent of data processing at any time. The contact details necessary for the execution of these rights are also enlisted in the privacy policy. Register OÜ is aware that in certain cases it is our duty to cease processing of personal data.

Register OÜ pays close attention to the security of processing of personal data. Necessary technical and organisational measures are implemented to ensure the security of personal data.

In summary, based on the discussion above, the legal basis of personal data processing by Inforegister is legitimate interest according to article (1) f) of the GDPR.

  

For a strong and competitive entrepreneurship,

for a fair and transparent economy!

                                                                                          Inforegister

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