BUILDING Energy Efficiency in Nepal (BEEN) is a four-year project with funding support from European Union under its SWITCH-Asia Programme. Universität Innsbruck (Austria) in partnership with MinErgy Private Limited (Nepal), Greentech Knowledge Solutions Pvt Ltd (India) and Asociación Española de Normalización (Spain) is implementing this project with an overall objective to contribute to the development of low-carbon and resource-efficiency in the Nepalese building sector by integrating energy efficiency (EE) and renewable energy (RE) measures in design and construction of new buildings and in retrofitting of existing buildings.
MinErgy Private Limited (MinErgy) seeks to answer the following queries regarding proposals for the Developing Digital Matchmaking Platform.
Queston:1 Whether the experience of the foreign organization counts when an organization registered in Nepal which is affiliated to that foreign organization wants to apply?.
Answer: Depends on the decision of the RFP issuing entity. We can consider if following conditions are satisfied
● The legal and operational relationship between the local organization and the foreign affiliate should be clearly documented. This might include legal agreements, affiliations, and any shared management or operational frameworks that demonstrate a genuine connection between the entities.
● Detailed descriptions of the projects completed by affiliates, including client references and project outcomes, need to be submitted.
Queston:2 It is possible to apply as a Joint Venture?.
Answer: Depends on the decision of the RFP issuing entity. We can consider, if following conditions are satisfied
● The partners need to draw a Joint Venture agreement for the purpose of the RFP.
● The partner organization authorized by the JV will raise an invoice, collect the payments and represent the JV.
● Anyone who is given the power of attorney by the Joint Venture will act as the authorized representative.
● The organizational documents will be submitted for all the partners.
● Applicants information form (Annex 2) and Specific experience of the past two years with proof of experience (Annex 3) should be submitted for all the partners of the JV.
● The experience of all the JV partners will be considered for the purpose of RFP.
● JV will be jointly liable for the purpose of RFP.
Queston:3 Whether data protection clauses are applicable?.
Answer: Digital matchmaking platforms must ensure compliance with the following key principles
● Lawfulness, Fairness, and Transparency: Data must be processed lawfully, fairly, and in a transparent manner. Users must be informed about how their data will be used, and consent must be obtained explicitly and unambiguously.
● Purpose Limitation: Data should be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes
● Data Minimization: Only data that is necessary for the intended purpose should be collected and processed
● Accuracy: Data must be accurate and kept up-to-date. Inaccurate data should be corrected or deleted without delay
● Storage Limitation: Personal data should be kept only for as long as necessary to fulfill the purposes for which it was collected.
● Integrity and Confidentiality: Data must be processed in a manner that ensures its security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage
● Accountability: Platforms must be able to demonstrate compliance with these principles
For electronic communications
● Confidentiality of Communications: Ensuring that communications via the platform are secure and confidential
● Cookies and Tracking Technologies: Obtaining user consent before deploying cookies or similar technologies, unless they are strictly necessary for the service.
● Direct Marketing: Ensuring explicit consent is obtained for any direct marketing activities, with a straightforward opt-out mechanism
Other Best Practices
● Conduct Regular Data Protection Impact Assessments (DPIAs): These assessments help identify and mitigate data protection risks associated with processing activities.
● Implement Data Protection by Design and by Default: Embed data protection principles into the design of your systems and services, ensuring default settings are privacy-friendly.
● Maintain Robust Security Measures: Use encryption, access controls, and regular security audits to protect against data breaches.
● Ensure Transparency: Provide clear, accessible privacy policies and terms of service that inform users about how their data will be used and their rights under the GDPR.
● Educate Users: Offer guidance and information to help users understand their data protection rights and how they can exercise them.
● Education: Educate users on their data protection rights and how they can exercise them
