Data Protection and Privacy Policy

ESSENTIAL INFORMATION ON DATA PROTECTION

 

DATA CONTROLLER

EDISTRIBUCIÓN Redes Digitales, S.L. Unipersonal (“e-distribución”).

 

PURPOSES AND LEGAL BASIS

Processing necessary to execute an ATR (Third Party Network Access) contract:

• To process requests to establish new supply points, including those necessary for connection or to undertake the necessary actions for this purpose.
• To manage and process requests, complaints, or queries made with regard to a contract, the provision of services, customer services, or new supply points.
• To take readings for the consumption made and proceed to verify it.
• To repair and inspect the installed measuring equipment and the reading for consumptions made.
• To attend to requests for modification of the terms and conditions for contracting the service.
• Together with the retailer with which you have a supply contract, undertake the necessary communications for the economic management of the contract and payment for the service.
• To send you communications corresponding to the conditions for providing the service.
• To share the data required to report on the impossibility of invoicing with the retailer with which you have a supply contract.

Processing necessary for e-distribución to comply with its legal obligations:

• Compliance with the functions of the distribution companies included in the regulations for the electricity sector, including the following: Providing the distribution service correctly, building, operating, and maintaining the distribution network, analyzing the applications for connection to the distribution network, maintaining the database for supply points, and invoicing and collecting payment for tariffs to access the transmission and distribution networks.
• To detect fraud situations.
• To communicate identification, technical, and consumer data to the retailer with which you maintain a contractual relationship.
• To communicate the information relating to your consumption to the Spanish Markets and Competition Commission to be included in the information system for supply points, as well as to Red Eléctrica de España to enable it to comply with its obligations as system operator.
• Communication of the data to Security Forces and Bodies, Judicial Bodies, the Public Prosecutor's Office, and competent Administrations, in compliance with the applicable legal obligations.

Processing based on the data subject's consent:

• To communicate your consumption to retailers where you have given your consent.
• To notify you with regard to any scheduled interruption of the electricity supply for any of the supply points of which you are the holder, when you have voluntarily subscribed to the e-distribución alert service.
• To manage your registration as a User on the e-distribución website.
• To respond to your requests, queries, or complaints as a data subject when you are not a user or customer of e-distribución.

 

Processing based on the data subject's essential interest:

• Management of supplies considered to be essential or electro-dependent.
• To proactively send you alerts as part of the alert service with information about any scheduled interruption of electricity supply for any of the supply points of which you are the holder, in the event that you have declared yourself to be electro-dependent.

 

RECIPIENTS

e-distribución may communicate your personal data to the following entities (i) to the retailer with which you have signed an ATR contract necessary for the provision of the service you have contracted; (ii) to the Security Forces and Bodies, the Public Prosecutor's Office and the Courts and Tribunals when this is required in accordance with the Law; and (iii) to the bodies to whose supervision e-distribución is subject.

Finally, we will provide access to your data for the service providers that Endesa contracts or may contract and that have the status of data processors (some of them may be based outside the European Economic Area).

 

RIGHTS

Access, rectification, cancellation, restriction of processing, and data portability. If you have given your consent for the purposes described above, you may withdraw your consent at any time.  To exercise these rights you should contact e-distribución by sending an e-mail to derechoslopd@enel.com, or by post to Solicitudes RGPD e-distribución, C / Ribera del Loira 60, 28042 Madrid, providing the name and surname(s) of the data subject, address for the purpose of notifications, a photocopy of the D.N.I., passport or any other identification document, and request in which the request is specified.

 

ADDITIONAL INFORMATION

You can obtain further details on the data protection policy employed by e-distribución using the following dropdown menu DATA PROTECTION POLICY.

e-distribución is committed to ensuring the transparent and secure use of Customers' personal data, so we would like you to know that you have control of them at all times. As a Customer of e-distribución, you can decide, whenever this is permitted under the regulations in force, why we process your personal data, to who we transfer this data, under what conditions, and for what purpose.

To make this possible and in accordance with the best Corporate Governance and Compliance practices, we updated our Data Protection Policy under our processes of review and constant improvement. The new version replaces the previous policy with a view to renewing your trust in us so that you know how we collect, process, and protect your personal data.

1. Who can process your data?
2. Definitions
3. What personal data do we process?
4. What do we process the data for and on what legal basis?
5. How long will we keep your data?
6. Do we process children's data?
7. What security measures do we have in place?
8. What information do we share with third parties?
9. What rights do I have regarding the processing of my personal data?
10. How can I contact e-distribución's Data Protection Officer?
11. Changes to the Data Protection Policy

 

1)      Who can process your data?

The entity responsible for the processing of your personal data is EDISTRIBUCIÓN Redes Digitales, S.L. Unipersonal (hereinafter, "e-distribución"), with Tax ID code B82846817. The contact details for the data controller are as follows:

Postal address: C/ Ribera del Loira, 60. 28042-Madrid.

Telephone: 900 878 119

 

2)      Definitions

In order for you to better understand our Data Protection Policy, the concepts included therein are defined below:

• Customer: Natural person who is the holder of a contract for a supply point located in the e-distribución network.
• Contract: Agreement that regulates the terms and conditions applicable when contracting.
• "Third Party Network Access" Contract ("ATR" Contract in Spanish): This is a contract signed between the distribution company and the client so that the latter may access the network and for it to be possible to invoice the corresponding tolls and charges.
• CUPS: Universal Supply Point Code (CUPS is the Spanish acronym). This is an alphanumeric code that uniquely identifies an address to certify the energy supply. Each house has one for electricity supply and one for the supply of natural gas. It is permanent and unchanging, i.e. it does not change even if you change your tariff or retailer.
• e-distribución: EDISTRIBUCIÓN REDES DIGITALES, S.L. is a company that undertakes the activities of transporting and distributing electricity.
• Retailing Company or Retailer: This is the company with whom you directly contract an electricity or gas tariff and who issues and collects payment for the bills. It is this company that accesses the transport and distribution networks, buys the energy from the company that generates it, and pays the distribution company what it costs to transport it from the generation plants to homes, companies, businesses, etc.
• Distributor: The company responsible for distributing the energy to your home. In the Spanish electricity market, it is legally established that consumers may not choose their distribution company. This is determined by the area where you reside.
• Data processor: The natural person or legal entity that processes personal data on behalf of the Data Controller.
• Data subject: Any identified or identifiable natural person.
• LOPDGDD: Spanish organic law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
• Data controller: The natural person or legal entity that, alone or together with others, establishes the purposes and means of processing.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
• Supply Point Information System ("SIPS" in Spanish): Technical, consumption, and commercial database for each of the supply points that are connected to the network corresponding to each electricity or natural gas distributor.
• Website User: Registered user on the e-distribución website or application

 

3)      What personal data do we process?

e-distribución processes the personal data provided to it, directly by you or through your Retailer on your behalf, when you sign an ATR Contract, as well as those derived from the execution and development of the above-mentioned contract, specifically the following: Name and surname(s), DNI/NIE/Passport, postal address, e-mail address, telephone, CUPS number, and IBAN number.

e-distribución only processes the data that is strictly necessary for the specific purposes contained in this Data Protection Policy and only for the time required to do so, as stated in paragraph 5, and the principles and obligations contained in both the GDPR and the LOPDGDD are always respected.

The questions below explain in detail why and how we process your data.

 

4)      For what purposes do we process your data and on what legal basis?

1.   Data processing for the suitable management and development of the ATR contract

e-distribución will process your personal data for the management, maintenance, and control of the relationship resulting from the formalization of an ATR contract, which includes processing regarding the following:

• Processing requests to establish new supply points, including those necessary for connection or to undertake the necessary actions for this purpose.
• Managing any complaints, requests, or queries that you may address to e-distribución regarding the providing the service and providing customer services.
• Verifying, repairing, and inspecting the measuring equipment installed for the verification of the consumption made and the readings for consumption made.
• Attending to your requests for modification of the terms and conditions for contracting the service, including modification of the contracted power.
• The economic management of the contract and the processing of payment for the service, where applicable with the supply company that you have contracted.
• Sending communications corresponding to the terms and conditions for providing the service.
• Sharing the data required with the Retailer with which you have a contract in force (CUPS, dates for the billing period, and dates of entry to and exit from the waiting list) to inform about the impossibility of billing because it has not been possible to access consumption reading, waiting for the expiration of the stipulated period to receive these readings or proceed to estimate them.

 

2.      Processing personal data regarding compliance with the legal obligations and functions specified in electricity sector regulations.

e-distribución may process your personal data to comply with the legal obligations and functions specified in the electricity sector regulations governing distribution companies, including those corresponding to the following:

• Providing the distribution service on a regular, continuous basis, and with the levels of quality established by the regulations in force.
• Building, operating, and maintaining the distribution network, as well as interconnections with other networks where this is applicable.
• Analysing the applications for connection to the distribution network and managing the connection in accordance with the established regulatory criteria.
• Expanding the distribution installations when necessary to meet new electricity demands, always ensuring a suitable level of quality of service.
• Maintaining a database for supply points (SIPS) in accordance with regulatory requirements.
• Applying, invoicing, and collecting payment for access tariffs for the transport and distribution networks.
• Detecting situations of fraud in the access to electricity supply and other anomalous situations in compliance with article 40.2.s of Law 24/2013, of 26 December, for the Electricity Sector.

Likewise, in compliance with the applicable obligations contained in the sectoral regulations, e-distribución will provide the identification and technical data for your supply point, as well as your consumption data (hourly load curve) to the Retailer with which you have signed an electricity supply contract.

In accordance with the regulations governing the electricity sector, it will also provide the information referring to your consumption to the Spanish Markets and Competition Commission to be included in the SIPS, which may be accessed by retailers other than the one with which you have contracted electricity supply, to send you commercial offers regarding electricity supply.

At any time, you may object to your data included in the SIPS being passed on to retailers, simply by notifying e-distribución through the channels established for the exercise of your rights, as explained in the section "Rights of data subjects".

Also, in compliance with the obligations legally established by the regulations governing the electricity sector, e-distribución will communicate the data referring to your consumption (hourly load curve) to Red Eléctrica de España (REE), so the latter may comply with its obligations as a System Operator.

The processing and communications detailed above are undertaken in compliance with the legal obligations specified in Article 40 of the Electricity Sector Act (Law 24/2013 of 26 December), its regulations regarding implementation, and any other regulation that may amend or replace the current regulatory framework.

The data processed or communicated by e-distribución for these purposes are those established in these regulations.

Finally, and in compliance with its legal obligations, e-distribución will communicate your personal data to comply with any information that may be required by the Security Forces and Bodies, the Judicial Bodies, the Public Prosecutor's Office, and the competent Administrations with regard to regulation and supervision, including the Spanish Markets and Competition Commission, the Ministry of Ecological Transition and the Demographic Challenge and the Spanish Data Protection Agency. 

 

3.      Processing based on your consent.

When the legal basis for processing your personal data is your consent, your data will only be processed for the purpose you have expressly allowed, in which case you will have the right to revoke your consent at any time and free of charge, without retroactive effect, directing your request to any of the addresses that, for the exercise of data protection rights, are indicated in this Privacy Policy.

• Specifically, e-distribución will communicate the complete information relating to your consumption (hourly load curve) to the retailers for which you have given your consent, and they reliably prove the provision of this consent, which will be the legal basis for the above-mentioned communication.
• If you have voluntarily subscribed to the e-distribución alert service, your consent will also be the basis of the legitimacy for your data to be processed in order to notify you in advance of the scheduled interruption of the electricity supply for any of the supply points of which you are the holder, for the safety of the operators who undertake improvement and maintenance work in the e-distribución installations.
  
• If you have registered in the private area on the e-distribución website, the consent you have given in the registration process is the basis of legitimacy for managing your registration as a User of the website, which will enable you to undertake different procedures with regard to your ATR contracts (how to view the hourly load curve or request the sending of electronic invoices). The personal data processed by e-distribución for this purpose are the DNI/NIE/Passport, postal address, e-mail address, and telephone number, as well as those that you give us as a result of using the services that are made available to you on the website. If you are acting on behalf of a legal entity, e-distribución will process the information with regard to your status as a representative. The user guarantees that these data are true and is informed that they need to be provided in order to process registration as a User of the website.
• The personal data provided by someone classified as a data subject (without necessarily being a User) based on their consent after filling in the corresponding forms available on the website, will be processed in order to address their request, query, or complaint.
  

 

4.      Processing in order to protect the vital interests of the data subject or those of another natural person.

e-distribución may gather special data such as the health data necessary to manage supplies considered to be essential or electro-dependent. These are provided by the Retailer with which you have signed an electricity supply contract and they enable you to proactively receive alerts from the alert service to provide you with information about scheduled interruptions of electricity supply for any of the supply points of which you are the holder. These ensure the safety of the operators who undertake improvement and maintenance work in the e-distribución installations.

 

5)      How long will we keep your data?

The personal data associated with compliance with legal obligations and functions included in electricity sector regulations will be kept for the period required to comply with the legal obligations and functions established in the regulations governing the electricity sector for distribution companies and applicable in the corresponding Autonomous Community.

Specifically, in accordance with the provisions of Royal Decree 1048/2013, of 27 December, which establishes the methodology for calculating the remuneration for the electricity distribution activity, the personal data corresponding to the supply points connected to the e-distribución network, including those contained in the measuring equipment, will be kept for twelve (12) years from the time the contract ceases to be in force.

The data processed for the management of your status as a registered user of the website will be kept as long as you continue to be a registered user. However, if it is detected that you have not used or interacted with your account during a period of two (2) years, it will be canceled, and the data will remain blocked for five (5) years which is the time limit for personal actions that do not have an established time limit.

Finally, the data processed to deal with requests and queries sent via the website by people who did not have the status of registered users will be kept as long as they are needed to deal with the situation and, subsequently will remain blocked for five (5) years which is the time limit for personal actions that do not have an established time limit.

As soon as these periods have passed and in accordance with the provisions of the applicable legislation, the data will be definitively erased.

 

6)      Do we process children's data?

e-distribución ensures the proper use of the data corresponding to minors, guaranteeing respect for applicable laws by taking any measures that are reasonably appropriate and this means that no personal data is collected regarding minors without the prior consent of their parents, guardians or legal representatives.

 

7)      What security measures do we have in place?

With the aim of making its Data Protection Policy effective, e-distribución takes the technical and organizational security measures that are necessary to prevent alteration, loss, misuse, processing, and unauthorized access or theft thereof, depending on the status of the technology, for all channels on which personal data may be processed, including all websites, telephone services, and in-person channels.

 

8)      What information do we share with third parties?

1. Transfer of data

e-distribución will only make data transfers in accordance with the "Purpose and basis of legitimation" section and always when this is required by the applicable regulations or if you have given your consent.

Specifically, e-distribución may transfer your data under the following circumstances:

• Communication to the Retailer with which you have a contract in force, as well as to those for which you have given your consent, of the necessary identification and technical data for your supply point, together with your consumption data (hourly load curve).
• Communication of information regarding your consumption to the Spanish Markets and Competition Commission in accordance with regulations governing the electricity sector for it to be included in the SIPS, which may be accessed by retailers other than the one with which you have contracted electricity supply, to send you commercial offers regarding electricity supply.
• Communication of the data referring to your consumption (hourly load curve) to Red Eléctrica de España (REE), so the latter can comply with its obligations as a System operator.
• Communication of your personal data to the Security Forces and Bodies, Judicial Bodies, the Public Prosecutor's Office, and the competent Administrations with regard to regulation and supervision, including the Spanish Markets and Competition Commission, the Ministry of Ecological Transition and the Demographic Challenge and the Spanish Data Protection Agency, to comply with requirements for information that the latter may address to e-distribución. 

 

2. Access to personal data by service providers (data processors)

Your personal data may be accessed by third-party service providers that collaborate with e-distribución when undertaking their activity by providing services including the following: Quality and Environmental Management, readings from measuring equipment (service included in Multiservicios MTBT), meter inspection and energy recovery, back office, and customer service.

These suppliers will act as data processors for e-distribución, but following the instructions always provided by e-distribución and they will not be able to use the data for other purposes. They will guarantee the confidentiality, security, and secrecy of the information to which they have access. To ensure this, e-distribución analyses that these suppliers take measures that guarantee respect for the protection of personal data and sign a Contract with them, in which they undertake to process the personal data to which they have access in accordance with the requirements of both the GDPR and the LOPDGDD (Spanish legislation governing data protection).

It is also possible that some of these third parties acting as Data Processors may be located outside the European Economic Area and that they have not been declared to be States with an equivalent level of data protection. Specifically, e-distribución has contracted fully trusted suppliers located in Morocco, Colombia, Peru, and the United States. In any case, e-distribución always makes an assessment to ensure that the processing of your personal data in these countries complies with the same guarantees required by European regulations and takes the appropriate measures necessary to ensure the protection of your data, specifically by including the standard contractual clauses approved by the European Commission in contracts with these suppliers. You may also request information on the guarantees given by e-distribución for the international transfer of your personal data, including a copy thereof, by sending an e-mail to dpod@endesa.es.

 

9)      What rights do you have regarding the processing of your personal data?

The RGPD and the LOPDGDD include the following rights with regard to the processing of your personal data that you can exercise in your relationship with e-distribución:

Access: This confirms whether we are processing your personal data and, if so, which.

Rectification: This enables you to help us correct errors and modify data that may be inaccurate or incomplete.

Erasure: This enables you to request the erase of your data, meaning that e-distribución will stop processing it unless there is a legal obligation for its storage or other legitimate reasons for processing it.

Object: This enables you to ask us to stop processing your personal data which we may consider that we have a legitimate interest in its processing, based on the reasons you give us for doing so.

Restriction of processing: You may ask e-distribución to restrict the processing of your data in the following cases:

• While a challenge to the accuracy of the data you have provided is being verified.
• When the processing is illegal, but you object to the deletion of your data.
• When e-distribución does not need to process your data but you need them to make or manage a complaint.
• When your objection to the processing of your data is in accordance with a matter of public interest or to meet a legitimate interest, while it is being verified whether the legitimate reasons for the processing prevail over yours.

Portability: This enables you to receive your personal data in a structured, commonly used, and machine-readable format to transmit it to another Data Controller.

Withdrawal of consent: This enables your data to stop being processed for a purpose that you previously authorized, for example, for registration in the private area on the e-distribución website.

To exercise these rights, you may send a signed, written request to e-distribución at the following address: GDPR Requests e-distribución, C/ Ribera del Loira 60, 28042 Madrid. Alternatively, you may send an e-mail to derechoslopd@enel.com with the following information: The user's full name, address for notifications, a photocopy of the national ID card, passport, or government-issued identity document, and the request specifying the details.

We would also like to remind you that the regulations in force allow you to file a complaint with the Spanish Data Protection Agency, whose contact details are as follows:

Agencia Española de Protección de Datos

Calle Jorge Juan, 6 – CP: 28001, Madrid.

Telephone numbers: 901 100 099 / 91 266 35 17

 

10)  How can I contact e-distribución's Data Protection Officer?

If you have any questions regarding the processing of your personal data, you can contact our Data Protection Officer.

Endesa S.A., the parent company of the Endesa Group to which                   e-distribución belongs, has appointed a Data Protection Officer, reporting to the Data Protection Officer for Spain, to whom you may refer any questions regarding the processing of your personal data. The contact details are as follows: Postal address: C/ Ribera del Loira, 60. 28042-Madrid Email: dpod@endesa.es.

11)  Changes to the Data Protection Policy

Whenever e-distribución updates this Data Protection Policy, in particular, because of undertaking new processing of personal data, Customers and Users will have the new Data Protection Policy at their disposal.

Thank you for the trust you have placed in e-distribución.