Disclaimer

Disclaimer

Access to the information on this website is free of charge, but shall automatically imply acceptance by the user of the following conditions.

The information contained in this website is intended for informative and non-commercial purposes. The user may use the same at his own risk and the Public Waste Agency of Flanders cannot be held liable for inaccuracies or incompleteness in the information provided.

The user shall be responsible to verify the accuracy of any information that may be of essential importance to him, with the competent entity of the Public Waste Agency of Flanders. The user of this site shall have no right to alter, copy, share, transmit, distribute, redistribute, reproduce, publish, assign under licence, transfer or sell any information, software, products or services obtained from this website, or to create derivative works from the aforesaid elements, except with the express consent of the competent entity of the Public Waste Agency of Flanders, for the same.

The Public Waste Agency of Flanders cannot under any circumstances be held directly or indirectly liable to any person whosoever in respect of damage resulting from the use of the present or any other website, particularly due to links or hyperlinks, including, without any limitations, all losses, work interruptions, damage to programs or other data contained in the user’s computer systems, hardware, software etc.

Any links to other sites contained in the present website shall not imply agreement with the content of such websites, and the Public Waste Agency of Flanders accepts no liability for any use that may be made of such sites.

The Public Waste Agency of Flanders accepts no liability for the opinions expressed by any person/s other than its own employees in discussion groups, information groups, forums etc.

Disclaimer concerning e-mails

The content of our e-mails and their attachments if any, are confidential and are only intended to be used by the persons to whom the same are addressed.
You are hereby requested to destroy e-mails and their attachments if any that may inadvertently have been sent to you. It is strictly prohibited to copy, distribute, or make any other use, in any manner whatsoever, of the contents and of the attached files as aforesaid. The content of the e-mails and the attached files are received from the author, and shall not necessarily bind the OVAM except where the OVAM confirms the same with a validly signed document.

We confirm that the e-mails and their attachments have been checked for computer viruses, which however does not constitute a guarantee that they shall be completely free of computer viruses.

Privacy policy

General policy relating to data processing and data protection

The Public Waste Agency of Flanders respects your rights during the processing of your personal data. This declaration describes how we collect, process and use your personal data. This privacy policy describes the general policy relating to data processing and the protection of the:

Public Waste Agency of Flanders
Stationsstraat 110
2800 Mechelen
Belgium
CBE number: 0842399963

Who processes your personal data?

The Public Waste Agency of Flanders (OVAM) processes your personal data. The personal pronoun will be used in all references to the OVAM in this privacy policy. The OVAM is responsible for the processing of your personal data described and explained in this policy. We only process personal data, and only such personal data as is required to enable us to perform the tasks assigned to us. We always process the data in conformity with the provisions of the General Data Protection Regulation (GDPR), and the provisions of the federal and Flemish regulations on the protection of individuals in connection with the processing of personal data.

If you have general questions about the manner in which we process your personal data, please contact the Data Protection Officer (DPO) of the OVAM via e-mail to dpo@ovam.be. In English, this is the data protection officer (DPO). You may also contact the DPO in case you have comments and suggestions, and for the exercise of your rights.

When do we collect and process your personal data?

We collect and process your personal data whenever you request any of our services or contact us in connection with the services that we provide. We may also process your personal data if you ask us a general question.

It is also possible that an arrangement shall be laid down under a decree or government order, under which we grant you an advantage or impose disadvantage without your having to perform any action. We shall then be required to process your personal data in order to determine whether or not you qualify for such advantage, or whether we must impose disadvantage, such as a fine.

What data concerning you, do we process?

We process your personal data. These are the data that identify you or establish a link with you as a natural person.

The specific data that we actually process depends on the services that we offer and provide. In the normal course, this is data that we require to assess whether you qualify for our services. These data are described in the regulations concerning the service. A reference to the regulations shall be found for each category of personal data. We also process your identification data to enable us to provide our service to you.

The categories of personal data processed within the OVAM are recorded in a register of processing activities.

How do we collect and process your personal data?

We obtain your personal data in two ways.

We may request information directly from you through a form, or through documents that you are required to attach to a form. These documents are listed in the regulations.

We also request information from other government services that already have the same. In this connection, we always comply with the provisions of federal or Flemish legislation concerning the protection of natural persons during the processing of personal data. For example, we have been granted a number of authorisations to request data from other government services.

What are the reasons for which we process your personal data?

We process your personal data in order to provide a service that you have requested from us, or if we have to grant you an advantage or impose disadvantage without your having to take any action.

What are the principles applied when processing your personal data?

Personal data shall only be processed if one of the following conditions is fulfilled:

  • Such processing is required in order to perform a task in the public interest, or in the exercise of the public authority conferred on the OVAM.
  • The OVAM conducts such processing for the purpose of complying with a legal obligation.
  • The aforesaid processing is required for the fulfilment of a contract to which the data subject is a party (for example the employment contract), or to implement measures before concluding a contract, on the request of the data subject.
  • Such processing is necessary in order to protect the legitimate interests of the OVAM or of a third party, except where the interests or the fundamental rights and freedoms of the data subject take precedence, particularly where the data subject is a child; in this connection, it will be necessary to balance various interests against each other.
  • Such processing is required in order to protect the vital interests of the data subject or of another natural person (vital importance).
  • The data subject has consented to the processing of his personal data for one or more specific purposes.

What is the period for which we store your personal data?

As a general rule, we may only retain your personal data for the period required in order to enable us to provide certain services. We therefore retain your data for the period for which you avail of our services. We shall then continue to retain your data for the period for which we are accountable for the services provided. After the expiry of the period of limitation, the data will be deleted, unless such data are of historical, cultural or public interest.

In connection with the storage of your data, a distinction is made between the period in which your file is active and the period in which it has ceased to be active. Your file is active as long as you utilise the service provided. All employees who require your data for the performance of their work will have access to your data in such case. Afterwards, your file shall become passive and only a limited number of employees of the competent department shall have access to your data.

Do we share your personal data with others?

Your data shall mainly be processed internally by our employees.

It is possible that we may engage third parties for processing your data, in order to provide certain specific services. We provide your data to such processors in order to enable them to provide the concerned service. We always monitor the above. A list of the processors engaged by us shall be provided to you on request.

In certain cases, we are bound to disclose your personal data under the law or under a decree, or certain government services may have the right to request us for your data. They must have the required authorisation for the same.

Are your personal data transferred outside the European Union?

We do not transfer your data to countries outside the European Union or to international organisations. These are countries or organisations established outside the territory of the European Economic Area (European Union + Iceland, Norway and Liechtenstein). However, we may do so if we use a cloud service provider. In such case, we shall take all possible measures to ensure that your data is protected as laid down under the European, federal and Flemish legislation.

What are your rights?

You may always object to the processing of your data whenever we are required to process your personal data in the public interest. We shall then assess whether your individual interests outweigh the general interest sought to be realised by us through such processing. If we are unable or no longer permitted to process your data, we shall also be unable to provide you with the service or benefit claimed by you.

You may always inspect and rectify the data concerning you that we process. Please contact the Data Protection Officer (DPO) via dpo@ovam.be in this regard. We shall then request you to provide proof of your identity via the form "Application for the exercise of rights on personal data", to ensure that your data is not disclosed to any person without the requisite authorisation.

You may also contact the Data Protection Officer (DPO) if you believe that your data is no longer relevant and should therefore be deleted.

We request you to contact our Data Protection Officer (DPO) via dpo@ovam.be in case you do not approve of the manner in which we process your data. You may also submit a complaint to the competent supervisory authority.

General information

We have the right to change and revise the policy. We always notify changes and updates via the website.

Information concerning the data flows used by the OVAM

The Public Waste Agency of Flanders uses various external databases for fulfilling its duties under the Soil Decree. 

The following list shows the purposes for which the various data are used:

a) Data from the General Administration of Patrimonial Documentation of the FPS Finance:

The cadastral parcel constitutes the basis for each soil case file. Soil certificates, declarations of conformity and final declarations are issued on the basis of the aforesaid cadastral parcel.
Data from the GAPD department are used for the identification and localisation of elements of a soil case file. 
This relates to the following data:

  • The Identification of the cadastral parcel(s)
    The identification as known in the records of the GAPD, constituted by the sequence of the following elements:

    • the cadastral section
    • the section
    • the plot number
    • the bis number
    • the letter-exponent
    • the numerical component, and
    • the partition number
  • The identification of the Owner based on the National Register and the CBE numbers.
  • The rights in rem of the owner, including:
    • the type of right in rem;
    • the proportional share of the owner in such right.
  • The area of the cadastral parcel as recorded in the cadastral register and expressed in terms of units of land area.
  • The geographical location of the plot. This is the location of the plot according to the location address and the Graphic representation based on the cadastral plan: As far as the location address is concerned, this is the Belgian alphanumeric area code for the municipality - the post code number - the municipality name - street name - house number. In the case of undeveloped plots, this will be the local place name.
  • The date of the cadastral situation. This is the date on which the previously requested data - which are mutually related in the form of a cadastral situation - shall apply.
  • The date(s) of the change(s) in the cadastral situation

Authorisation: FO no. 08/2016 of 17 March 2016

b) Data from the National Register:

Specific information from the National Register is used to ensure the accurate and high quality performance of the duties and obligations imposed on it under the Soil Decree:

  • issuing official soil certificates to owners and users,
  • determining any persons who are liable to carry out soil remediation operations if any,
  • informing the owner and user of a soil remediation project,
  • the delivery of compliance declarations to the owner and user after the approval of a soil remediation project, and
  • the delivery of final declarations to the owner and user after the remediation works have been carried out.

The OVAM requests these data with the help of the cadastral data obtained from the GAPD (see a) and the related national register number. The National register number will be used to link the cadastral data from the FPS Finance (the General Administration of Patrimonial Documentation - GAPD) to the personal data from the National Register.
This relates to the following data:

  • Name and first name
  • Gender
  • Principal place of residence
  • Date of death

Authorisation: National Register no. 24/2015 of 22 April 2015

Hyperlinks and references

You may, through (hyper)links provided on or via the website, be referred to other websites of governments, agencies or organisations, and to information sources managed by third parties. In such cases, the OVAM cannot exercise any control, either technically or as regards content and cannot therefore guarantee the completeness or accuracy of the content nor the availability of these websites and information sources. The hyperlinks to other sites on this site do not imply any endorsement whatsoever of the external site or of its content.
The links are provided for your information and for your convenience.
The OVAM therefore accepts no liability for direct or indirect damage arising due to the consultation or use of such external websites and their content.