COVID-19 Loan Programs: Data Reporting to European Commission and UK Government

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Data reporting: questions and answers from borrowers

1. What changes have been made to the BBB and BEIS privacy notices regarding the communication of data to the European Commission and the UK government?

The privacy notices have been updated to include more details on how we may use and share information about the facilities granted under the ‘COVID-19 loan schemes’:

  • the Coronavirus Business Loan Program (CBILS)
  • the Coronavirus Large Business Loan Program (CLBILS)
  • the Bounce Back loan program (BBLS)

This may involve, where appropriate, sharing details of individual loans and facilities with the European Commission and posting these details on the European Commission’s website on State Aid Transparency.

2. Why are you sharing information with the European Commission? The UK has left the EU. Why is this still relevant today?

Financial assistance provided by the COVID-19 loan schemes, like many state-supported business support activities, are considered state aid and are governed by the European Commission’s Temporary Guidance for State Aid Measures Aimed at to support the economy in the current context. COVID-19 (the “temporary framework”). Aid granted under the temporary framework to British companies before 1 January 2021 is still governed by European Union state aid law.

In the temporary framework, BEIS given that the granting authority is legally obliged to communicate information on aid granted under the COVID-19 loan schemes.

3. What is the temporary state aid framework?

The temporary state aid framework was introduced by the European Commission in March 2020 to support the economy in the COVID-19 epidemic. It sets the parameters and requirements for the aid of the Member States. The COVID-19 loan schemes operate within this framework.

4. What information will you share? Will it include personal data?

The information provided to the European Commission is a subset of the information you provided in your loan application:

  • the identity of the borrower, for example, the name of your business, or possibly your name if you are a sole proprietorship or a partnership
  • company type / size
  • region where the company is located
  • business sector of the company
  • date of granting of aid
  • the amount of aid granted
  • the currency of the aid granted
  • the granting authority and any financial intermediary
  • that the aid was granted under the temporary framework

The information declared is related to the company but may include personal data if you are an individual entrepreneur or a limited partnership or if your business name refers to a natural person. Further details on the specific information required will be published here shortly.

5. Who is affected by these requirements?

For each of the COVID-19 loan schemes, it is compulsory to declare and publish information on individual aid exceeding 100,000 €, and greater than 10,000 € if the borrower operates in the agricultural or fishing sectors.

The reporting requirements apply to all types of facilities under the COVID-19 loan schemes (term loans, asset financing facilities, invoice financing facilities and revolving credit facilities).

From 1 January 2021, only facilities provided to businesses falling within the scope of Article 10 of the Northern Ireland Protocol are included in these requirements. In addition, from 1 January, information on facilities provided to UK businesses can be made public by the UK government on a new UK transparency database. Details of the UK’s reporting requirements are currently under open consultation and more information will be available in due course.

6. Am I affected if I repaid my facility?

If you have received a facility under the COVID-19 loan schemes, but have since paid off your facility, you will still be within the scope of these requirements.

7. Am I in scope if I was offered a facility but did not decrease it?

If you were offered a facility under a COVID-19 but have not used or used the facility during the withdrawal period and have never received the loan or facility, your data will not fall within the scope of these reporting requirements.

8. When will the details be released?

A rolling reporting program will begin shortly, publishing details of aid granted over the previous 12 months.

9. Where will the data be reported?

For loans granted until 31 December 2020, the data will be published on the European Commission’s website on State Aid Transparency.

From 1 January 2021, only facilities provided to companies falling within the scope of Article 10 of the Northern Ireland Protocol will be reported on the European Commission’s website on State Aid Transparency.

In addition, the UK government is developing its own national subsidy control regime. As part of this, and to enable compliance with UK international grant reporting requirements, certain grant information will need to be reported to the UK government. Where appropriate, the information can be made public in a new UK transparency database. Further information on the UK Transparency Database will be published by BEIS on time.

ten. What does it mean for my loan if my details are to be included in a transparency database?

The aim of the database is to promote accountability and help ensure that aid is proportionate and justified, so that it does not distort the market or create unfair advantages.

11. What rights do I have over my data?

For more information on your general data rights, please see Your Data Matters (ICO).

12. Where was I told at the time of borrowing that my data can be published?

Companies that have been offered a facility under the COVID-19 loan programs were required to sign a data protection and disclosure statement before their facility was offered. The statement confirmed that the information processed would be used for analytical and administrative purposes and the online privacy notice confirms that the information is being processed to meet legal obligations.

Due to the nature of this disclosure, we take the additional step to specifically draw your attention to this obligation before reporting data to the European Commission and the UK government.

13. Where can I find more information on how BEIS and BBB can use my personal data?

More information is available in:

These privacy notices define the types of information that BEIS and the BBB hold about you, and the basis of how personal data is collected, protected, processed and shared.

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