Information sur la protection des données

Information sur la protection des données

Data Protection Notice for Health Care Professionals

The protection of personal data is of utmost importance for Daiichi Sankyo Belgium N.V.-S.A. (“Daiichi Sankyo” or “we”). We process any personal data in accordance with the legal requirements, in particular with the EU General Data Protection Regulation (“GDPR”). 

This HCP Data Protection Notice explains which types of personal data we collect from Health Care Professionals (“HCPs”) in the course of their interaction and engagement with Daiichi Sankyo, how we process the data, and which rights HCPs have in this regard. To the extent that we process your data for purposes of complying with our regulatory requirements related to pharmaceutical and product safety (pharmacovigilance), we will inform you about the relevant processing in a separate privacy notice that we provide to you when you report adverse events.

1. Who is responsible for the processing of my data and how can I contact Daiichi Sankyo?

You can reach Daiichi Sankyo at any time under the following contact details:

 

Daiichi Sankyo Belgium N.V.-S.A.

Boulevard de France 3-5

1420 Braine l’Alleud

Data-Potection@daiichi-sankyo.eu 

 

The Data Protection Officer of Daiichi Sankyo Europe GmbH can be reached at any time at dpo@daiichi-sankyo.eu 

2. Which of my data will be processed?

We collect and process data that you disclose to us or that we otherwise collect in the course of interaction and cooperation with you, in particular: Surname, first name, title, area of expertise, specialisation, status (practicing physician/employed physician), professional address (e.g., clinic/practice address), professional contact information (e-mail, phone and/or fax), contract history (e.g. relating to activities as a speaker, author or consultant), documentation regarding medical/scientific inquiries, information regarding your medical practice and your preferences regarding our products, documentation of sales force visits as well as other interaction (time, type of interaction, discussed preparations), information regarding your participation in congresses, events and/or seminars, documentation of any fees, allowances and monetary benefits, documentation regarding requested information or pharmaceutical samples, technical information (e.g., information about your device, browser, operating system and data captured through the use of cookies and similar technologies). The data is collected either directly from you or from third parties (including Daiichi Sankyo Group companies, service providers, business partners and event organizers) or from public sources (e.g. Internet). In particular, we regularly receive master and address data (name, title, company information, professional addresses, employment details, area of expertise and specialisation) from IQVIA Operations France SAS, 17 Tour D2 bis Place des Reflets, F-99099 La Defense Cedex, Paris, which is an external service provider and data supplier in the healthcare sector, in order to obtain relevant contacts in the business areas of interest to us and to ensure the quality and actuality of the data we hold.

3. For which purposes and on which legal bases will my data be processed?

a)       Management and performance of contractual relationships (in particular, participation in training events, speaker, author and/or consultant activities, and provision of digital downloadable content you request). The processing of your data in this regard is based on the necessity of the processing for the performance of the respective contract with you or taking steps prior to entering the contract at your request (Art. 6(1)(b) GDPR).

b)       Legitimate interests. a) Documenting, managing and maintaining the business relationship with you, including ensuring effective and targeted support and advice through personal visits by our sales force; b) Analysing and evaluating data to optimize target-group specific development of our products and services and interacting with HCP; c) Handling medical/scientific inquiries and complaints about products; d) Handling orders for free professional and patient information; e) Providing information about our products and services by mail; f) Ensuring and documenting compliance with applicable legal or regulatory requirements or industry standards and practices; g) Establishment, exercise and defence of legal claims. The processing of your data in this regard is carried out on the basis of the necessity of the respective processing for Daiichi Sankyo's legitimate interests in achieving the aforementioned purposes (Art. 6(1)(f) GDPR).

c)        Compliance with laws (in particular, tax and commercial law retention obligations pursuant to applicable Belgian legislation). The processing of your data in this regard is based on the necessity of the processing to comply with our legal obligations (Art. 6(1)(c) GDPR). 

d)       Consent (in particular, provision of promotional content related to Daiichi Sankyo products and services, including events and surveys, utilization of cookies and similar technologies to measure for example your email opening and click rate on articles as well as your usage of our services in order to provide you with personalised content and information by email). The processing of your data in this regard is based on your consent (Art. 6(1)(a) GDPR), which we separately ask you to provide. You can at any time with future effect withdraw your consent to the use of your personal data for these purposes.

e)       Transparency reporting: 

In Belgium, according to the chapter 1 of title 3 of the Belgian Law of 18 December 2016 regarding various provisions on health (the “Sunshine Act”), we process your data, in particular, for the documentation, reporting and annual publication of information on monetary benefits (e.g. consulting fees) provided directly or indirectly to you for your benefit by Daiichi Sankyo. Insofar as we publish the monetary benefits provided to you on the Betransparent platform (Home - beTransparent), by mentioning your name, your profession and specialty, postal code, NIHDI number (or national registry or unique identifier attributed by Mdeon), the processing of your data is based on the necessity of the processing to comply with our legal obligations (Art. 6(1)(c) GDPR).

In Luxemburg, as a member company of the Innovative Medicines Luxemburg Association (“IML”), we support the implementation of the transparency obligation from the Code of Ethics for the Innovative Pharmaceutical Industry in our cooperation with members of the professional and medical institutions. For this purpose, we process your data, in particular, for the documentation, reporting and annual publication of information on monetary benefits (e.g. consulting fees) provided directly or indirectly to you for your benefit by Daiichi Sankyo. Insofar as we publish the monetary benefits provided to you on our website, by mentioning your full name, your profession and specialty, postal code and main practice address, identification number, profession and specialty, and, if applicable, the processing in this regard is based on your consent (Art. 6(1)(a) GDPR), which we separately ask you to provide. If you do not give us your consent, we will publish monetary benefits provided to you exclusively in an aggregated/anonymized form, i.e. without reference to your identity. The processing of your data for documentation and reporting purposes, including, where applicable, anonymization prior to publication in aggregated form, is based on the necessity for our legitimate interests in ensuring and documenting compliance with regulatory requirements and industry standards, including the Code of Ethics for the Innovative Pharmaceutical Industry (Art. 6(1)(f) GDPR).

 

4. Do I have to provide my data?

 

You are neither legally, contractually nor otherwise obliged to provide your data. However, we may need your data in certain cases, for example to establish or perform a contract with you. Failure to provide such data may result in us not being able to conclude a contract with you, or not being able to perform it, or only being able to do so with a delay.

 

5. To whom will my data be disclosed?

 

We do not disclose your data to third parties unless this is necessary for the performance of a contract with you (e.g. in connection with the transfer to travel agencies, hotels, event organizers or other service providers for the organization and execution of travels) or as set out in this privacy notice as follows.

a)       Affiliated entities: We may share your data with Daiichi Sankyo group companies in particular to the extent necessary to safeguard our legitimate interests, especially in the use of centralised and group-wide services and functions in an integrated global organisational structure (e.g., global IT systems and applications, to manage HCPs business relationships, including appropriate support, care and management of the relationship with HCPs).

b)       Service providers: We may disclose your data to external service providers who process your Data on our behalf, in particular to our technical service providers who provide technical support and hosting services for our internal CRM system as well as the sending of emails, including emailing campaigns, market researches, and surveys, or otherwise assist us in managing and processing your data for the purposes mentioned in Section 3, including in the area of analysis and evaluation of pseudonymised data for the optimisation of target-group specific development of our products and services and interaction with HCP.

c)        Business partners: We may share your data with our business partners in the context of joint development/research, distribution or marketing of our products and services.

d)       Successors: We may also share your data with companies in the event of corporate restructuring transactions, including mergers, acquisitions, spin-off and divestitures. 

e)       Authorities, government agencies and other third parties: We disclose data to third parties when necessary to comply with legal and regulatory requirements or to establish, exercise or defend our legal claims.

 

In certain cases the aforementioned recipients may be located in countries outside the European Union and the contracting states of the European Economic Area (“Third Countries”), in particular the U.S.. The laws of these countries may not ensure the same level of data protection as is considered adequate by the European Commission based on adequacy decision. In such cases, Daiichi Sankyo will ensure that your Data is adequately protected under EU data protection laws through appropriate safeguards, such as entering into contracts based on the EU standard contractual clauses and implementing supplementary safety measures. 

 

For more information on the recipients of your data, the affected Third Countries and the measures implemented to protect your data, and in order to receive a copy of these measures, please contact Daiichi Sankyo at the contact details set out in Section 1.

 

6. How long will my data be retained?

 

In general, your data will only be stored for as long as is necessary for the listed purposes, unless in individual cases a deletion conflicts with statutory retention obligations (in particular due to commercial and tax law requirements) or a longer retention is necessary in the specific case to fulfil other legal obligations or to protect our legitimate interests (establishment, exercise or defence of our legal claims, documentation of compliance with legal requirements).

 

7. Which rights do I have and how can I exercise them?

 

You have the right, subject to and in accordance with applicable law:

(i)                   to obtain information about the data processed concerning you and to receive a copy of the data (right of access); 

(ii)                 to obtain rectification of any incorrect or complete incomplete data, taking into account the purposes of the processing (right to rectification);

(iii)                if there are legitimate reasons, to request the deletion of your data (right to erasure);

(iv)                to request the restriction of the processing of your data, provided the statutory requirements are met (right to restriction of processing); 

(v)                  provided the statutory requirements are met, receive your data in a structured, commonly used and machine-readable format and to transmit those data or, if technically feasible, have it transferred by Daiichi Sankyo to another controller (right to data portability); and 

(vi)                not to be subject to a decision based solely on automated processing which produces legal effects concerning you or similarly significantly affects you, except where the legal requirements are met. Automated decision-making does not take place at Daiichi Sankyo.

 

You also have the right to object, on grounds relating to your particular situation, to processing of your data which is based on the legitimate interests of Daiichi Sankyo, in accordance with the legal provisions (right to object). If your data is processed by Daiichi Sankyo for direct marketing purposes, you have the right to object to such processing at any time and without giving reasons. 

 

If the processing of your data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of your consent does not affect the lawfulness of the processing of your data before its withdrawal. 

 

To exercise your rights (including the withdrawal of your consent) and if you have any questions about the processing of your data, you may contact Daiichi Sankyo at any time using the contact details set out in Section 1. 

 

Without prejudice to other legal remedies, you also have the right to lodge a complaint with a supervisory authority at any time.

 

8. Processing of your Data by Daiichi Sankyo Europe GmbH

 

Daiichi Sankyo Europe GmbH processes the Data received from us (see above Section 2) as an independent and separate data controller for the purposes and on the legal bases set out in Section 3 b). The information in Sections 5 to 7 of this data protection notice applies accordingly with respect to the processing of your Data by Daiichi Sankyo Europe GmbH. You can contact Daiichi Sankyo Europe GmbH, as well as its data protection officer, at any time using the following contact details: Daiichi Sankyo Europe GmbH, Zielstattstraße 48, 81379 Munich, Germany; email: Data-Protection@daiichi-sankyo.eu; Data Protection Officer: dpo@daiichi-sankyo.eu.

 

Last updated: January 2024