Privacy statement for ABPI Code-Relevant Contracts
with members of the public including patients and journalists
This Privacy Statement applies to you as a Contract Partner and, if applicable, your employees providing Services under the Agreement with Bayer. Bayer wishes to provide you with information on the processing of your personal data.
This privacy statement covers all use of your personal data connected with this Agreement, including for the disclosure of transfer of value. For background, as a member of the Association of the British Pharmaceutical Industry
(“ABPI”), Bayer is obliged to adhere to the ABPI Code of Practice (“ ABPI Code”), which requires us to publicly disclose, in anonymous form, certain details about “Transfers of Value” or “ToV” (payments, whether financial or in- kind, which are made, directly or indirectly, to you).
Below we explain to you the purposes and related categories of personal data that we process, as data controller, in connection with this Agreement and any ToVs made to you.
1. - How we collect your data
We collect your data in the course of setting up and administering this Agreement, including making any payment to you relating to the Agreement.
2. - What data is processed and for what purposes?
Bayer processes personal data for the following purposes:
a) Conclude and perform the obligations under the Agreement:
Contact information (title, name, mailing address, email address, telephone number), bank account data, fields of expertise, contractual activities for Bayer and affiliates as well as remuneration. This is not made public.
b) Images and/or audio material
If applicable: images, video and/or audio material of you (hereinafter referred to as Video) taken as part of the performance of the Agreement and for the purposes as described therein.
c) Central Record of transfers of value
For the purpose of being able to comply with the ABPI Code, we maintain an internal central record of all ToVs made to healthcare professionals. We extract the following categories of Personal Data from our local and global booking systems or from third parties (for example, travel agents) which provide ToVs to you on our behalf, and store them in a central database which is operated by the Bayer Group parent company, Bayer AG:
“Master Personal Data”: your name, address of primary practice, contact details and (if applicable) any kind of official unique personal identifier;
“Transfer of Value Data” or “ToV Data”: The precise amount and purpose of any transfer of value which we or any other company of the Bayer Group provided to you. This includes, but is not limited to, the following Transfers of Value:
Invitation to scientific events, including conference/ registration fees as well as related travel and accommodation expenses;
Payment for contractual services, including speaker fees, participation in advisory boards as well as related travel and accommodation expenses; and
“Additional Information”: We collect further information which we use to determine when a ToV was made and in what amount (e.g. contracts, payment receipts etc.,).
d) Analysis of your ToV Data
We will observe the total amount of all ToVs provided in the course of any given reporting period.
e) Publication of your Personal Data
We will not publish your Personal Data. We will provide to ABPI the amount of ToV paid to you (whether financial or in-kind) in aggregate form in the relevant category.
The aggregate (anonymised) information may be published on the ToV Central Report website (which is run by ABPI) and it may also be included on our publicly accessible company websites, including the central website of the Bayer Group.
3. Processing and transfer of personal data
Personal data about you will be electronically stored and processed in electronic databases. Access to your personal data will only be given to our staff involved in activities related with your work, its organisation and activities related to contract performance. This may include other Bayer Affiliates and service contractors who act as our data processors.
For the processing of your personal data, we will to some extent use specialised service contractors who act as our data processors. Such service contractors are carefully selected and regularly monitored by us. They will only process personal data in accordance with our instructions and on the basis of an appropriate data processing agreement.
If applicable and as described in the Agreement, Bayer may make the Video available as specified therein.
Your personal data may in part also be processed in countries outside the European Union (hereinafter referred to as EU) or the European Economic Area (hereinafter referred to as EEA), which may have a lower data protection level than the EEA or EU. Transfers to such third countries will only take place if in compliance with Applicable Laws. Bayer will ensure an appropriate level of data protection e.g. by concluding respective contractual agreements based on standard contractual clauses issued by the European Commission.
4. Legal basis for processing your personal data
The law requires us to inform you of the legal basis for collecting and processing your personal data where we are the data controller. The legal basis for data processing under this Agreement is Art. 6(1)(b) General Data Protection Regulation where data are necessary for the performance of the Agreement (like accounting details), and Art. 6(1)(f) where data are required in direct relation with the Agreement based on our legitimate interest (like processing data in client relationship management databases).
For the processing activities relating to ToVs, we rely on Bayer’s legitimate interest in using information about the ToV that you received from us so that we can comply with our obligations under the Code, and Bayer AG’s obligations under the European regulator’s (EFPIA) transparency code.
Compliance with the Code and these further objectives cannot be met without processing Personal Data about you and the ToVs that you have received from us. We have carried out a Legitimate Interest Assessment and consider that this processing is necessary, proportionate and without unjustified harm to you.
5. Retention period for personal data
Bayer only retains your personal data for as long as is necessary for the performance of the Agreement and according to Bayer’s legitimate interest and, if applicable, to be able to make use of the right you granted Bayer to use the Video as described in the Agreement.
In addition to the above, for personal data associated with ToVs, the ABPI Code requires that information which is disclosed must remain in the public domain for a minimum of three years from the date of disclosure. Once this period has elapsed, we will remove your personal data from our publicly accessible websites.
Irrespective of the above, the ABPI Code requires us to document all disclosures and to retain such records for at least five years after the date of the calendar year to which they relate.
6. Your rights
You have the right to request from us information about your personal data, access to and rectification or erasure of personal data as well as the right to data portability. Your also have the right to lodge a complaint with the data protection supervisory authority, the Information Commissioner’s Office.
7. How to Contact us
For any questions you may have with respect to data privacy, or if you wish to exercise your rights, please contact: The Data Protection Officer, Bayer plc, 400 South Oak Way, Green Park, Reading, RG2 6AD or by email to dataprotection-uk-eire@bayer.com.
Job number: PP-OTH-GB-1246/ Date of preparation: April 2025