Data protection

1. General information and individuals concerned by the processing of personal data

1.1 The purpose of this document is to provide any data subject with information relating to the processing and protection of their personal data by the Fonds National de Soutien à la Production Audiovisuelle (Film Fund Luxembourg) (hereinafter "Fund") and to inform such persons of their rights under European legislation on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter "RGPD"). ¹

1.2 In the context of fulfilling its public interest missions and its legal obligations, in particular as regards the allocation of selective financial aid and its promotional activity, the Fund collects and processes personal data (hereinafter "data") concerning :

1.2.1. natural persons who have signed an employment contract, a service contract or an artist's contract with a legal entity that produces a creative cinematographic or audiovisual work (hereinafter "producer") and who applies for financial assistance or a grant from the Fund;

1.2.2. natural persons applying for financial assistance to carry out an audiovisual project (in particular scriptwriting and audiovisual content production) and natural persons contractually linked to the applicant for such assistance or subsidy;

1.2.3. individuals requesting authorisation to access the eFilmfund portal ;

1.2.4. natural persons who are members of the "D'Filmakademie" and who are eligible for the Luxembourg film prize known as the "Lëtzebuerger Filmpräis" (hereinafter referred to as the "prize") or natural persons invited to the award ceremony for the said prize;

1.2.5. as part of the promotion of Luxembourg audiovisual works in the Grand Duchy of Luxembourg and abroad, in particular through the publication of catalogues listing Luxembourg audiovisual productions and co-productions, the natural persons referred to in Articles 1.2.1. to 1.2.4. above; and

1.2.6. individuals applying for accreditation to national and international festivals and markets through the Fund or registering for one of the events organised or co-organised by the Fund, in particular the Virtual Reality Pavilion, VR Days or the "assises du film", including individuals subscribing to the Fund's newsletter to be kept informed of future Fund events.

2. The categories of data processed, the legal basis and the purposes of processing

2.1 Categories of data processed

The Fund processes the following categories of data:

2.1.1. for natural persons who have signed an employment, service or artist's contract with a producer applying for financial assistance or a grant from the Fund, with regard to their approval and/or the selection of the project:

• contact details (surname, first name, postal address, e-mail address and telephone number);
• copies of identity papers ;
• curriculum vitae and/or biographies and/or filmographies ;

2.1.2. for natural persons who have signed an employment contract, a service contract or an artist's contract with a producer applying for financial assistance or a subsidy from the Fund, as regards the monitoring and management of works receiving financial assistance and subsidies:

• contract and payslips linking the individual to the producer, including surname, first name, postal address, e-mail address, telephone number and registration number ;

2.1.3. for natural persons applying for financial assistance for the realisation of an audiovisual project (in particular scriptwriting and production of audiovisual content) and natural persons contractually linked to the applicant for such assistance or subsidy, as regards the selection of the project:

• contact details (surname, first name, postal address, e-mail address and telephone number);
• copy of the identity document of the person applying for financial assistance ;
• curriculum vitae of the individual applying for financial assistance ;

2.1.4. for natural persons applying for financial aid for the realisation of an audiovisual project (in particular scriptwriting and production of audiovisual content) and natural persons contractually linked to the applicant for such aid or subsidy, as regards the monitoring and management of works receiving financial aid and subsidies

• contract and salary slips between the natural person and the natural person requesting financial assistance, including surname, first name, postal address, e-mail address, telephone number and registration number;

2.1.5. for individuals requesting authorisation to access the eFilmfund portal ;

• contact details (surname, first name and email address) ;
• copy of identity document ;

2.1.6. for the categories of persons referred to in Articles 1.2.4 to 1.2.6 above :

• contact details (surname, first name, e-mail address and telephone number).

2.2. The lawfulness of the data processing carried out

The Fund processes the data for the purposes of fulfilling its public interest missions and its legal obligations placed on it by the applicable legislation on support for audiovisual production, in particular the Act of 22 September 2014 on the National Fund for Support for Audiovisual Production ² and its implementing Grand-Ducal regulation of 4 November 2014. ³

2.3. Purposes of processing

2.3.1. Processing applications for financial aid

The Fund processes the data in order to check that the conditions for the allocation of financial aid and subsidies are met. Indeed, all applicants must prove that they and the persons contractually linked to them have a proven link with the Luxembourg cultural and audiovisual sector or are eligible as expenditure invested in the economy of the Luxembourg audiovisual sector. In this context, the Fund must also ensure the management and monitoring of works receiving financial aid and subsidies.

2.3.2. Processing linked to promotional activities

In addition, the Fund's mission is to promote Luxembourg audiovisual works in the Grand Duchy of Luxembourg and abroad and to organise the award ceremony.

3. Data sources and their recipients

The data processed by the Funds is supplied to the Fund by the applicant for financial aid or a grant or directly by the natural persons concerned by the processing operations linked to promotional activities. There is no provision for the Fund to forward the data to other recipients, except for the processing operations referred to in Articles 1.2.4 to 1.2.6 of this notice, in which case the data referred to in Article 2.1.6 may be forwarded to the professional associations of the audiovisual production sector in the Grand Duchy of Luxembourg. In addition, the Fund may be required to transmit data to these associations in the event that it has to deal with an appeal lodged by an applicant for financial aid or a subsidy following a refusal to award aid or any other decision relating to the monitoring and management of works receiving such aid.

4. Access at data

Only Fund employees who need the data in the course of their duties shall have access to the data referred to in Article 2.1. of this notice, subject to the provisions of Article 3 above. In this respect, the Fund adopts reasonable and appropriate technical and organisational security measures in order to (i) store your personal data in secure databases or systems with limited access and (ii) protect it against loss and alteration, misuse, destruction and access by unauthorised persons.

5. Duration from conservation

5.1. Your data will be kept in a form that enables you to be identified for the period required to carry out the Fund's public interest missions and will be destroyed or made anonymous at the end of these missions. This indefinite period may vary depending on the complexity of the audiovisual project supported by the Fund, the duration of the monitoring and closure of the said project or the use made of the eFilmfund portal. ⁴This includes any legal proceedings. More generally, contact data is kept for as long as the promotion of projects supported by the Fund continues, including nominations or presentations of projects at prizes, festivals and national and international markets.

5.2. Furthermore, the destruction or anonymisation of data collected by the Fund must not contravene the legal retention obligations imposed on the Fund. Where data is retained beyond the period necessary for legally authorised or imposed reasons, it will be blocked and its processing will be limited to that which is strictly necessary.

5.3. The Fund may decide to retain data beyond the period necessary for the performance of its public interest tasks in order to draw up statistics relating to the audiovisual production sector. Such processing is explicitly provided for in Articles 5 (1) (b) and 89 of the GDPR and will be carried out in compliance with the conditions of the said Regulation.

6. The transfer your data to a third country

In principle, your data is processed within the European Economic Area. However, the Fund may transfer your data to a third country (i.e. one that is not part of the European Economic Area). In this case, data transfers will be carried out in accordance with the conditions set out in Chapter V of the GDPR.

7. The rights of person concerned

7.1. You have the rights provided for by the provisions of Chapter III (Articles 12 to 22) of the GDPR. You may thus, within the limits of the applicable legislation, access the data concerning you and obtain a copy thereof (Article 15), obtain the rectification of inaccurate or incomplete data (Article 16), object to the processing thereof under the conditions provided for in Article 21 and obtain the erasure thereof under the conditions provided for in Article 17 of the said Regulation, it being understood that the Fund may object to a request for erasure if it considers that the data in question are necessary for the performance of one of its public interest tasks. ⁵ or if it considers that the data is necessary for "archival purposes in the public interest". ⁶. In certain cases, you also have the right to limit the processing of your data (Article 18).

7.2. The processing of your data does not involve any automated decision producing legal effects concerning you or significantly affecting you.

7.3. Any communication relating to a request for information, a complaint or the exercise of your rights under the provisions of the RGPD should be addressed to the Fund's Data Protection Officer (see details below).

8. Contact details the Fund and its Data Protection Officer

8.1. The contact details of the Fund, acting in its capacity as data controller, are as follows:

National Support Fund for Audiovisual Production (Film Fund Luxembourg)

• Address: 5, rue Plaetis, L-2338 Luxembourg, Grand Duchy of Luxembourg
• Tel.: +352 2478 20 65
• Fax number : +352 22 09 63
• Email address : info@filmfund.etat.lu

8.2. If you have any questions about the Fund's processing of your data, please contact the Fund's Data Protection Officer:

• by e-mail: olivier.caudron@filmfund.etat.lu
• by post: 5, rue Plaetis, L-2338 Luxembourg, Grand Duchy of Luxembourg.

9. Claims to the French National Data Protection Commission (CNPD)

If you consider that the processing of your data by the Fund constitutes a breach of the GDPR or that your rights under the said Regulation are not being respected, you may lodge a complaint with the National Data Protection Commission (CNPD) ( https://cnpd.public.lu) in accordance with Article 77 of the GDPR. Without prejudice to any other administrative or extrajudicial remedy, any data subject may also lodge an effective judicial remedy pursuant to Article 79 of the GDPR.

Last updated: 19 July 2022