At European Sperm Bank ApS (“ESB” or “we”), the protection of personal data and confidentiality is a high priority.
1. Controller and contact details
European Sperm Bank ApS
Struenseegade 9, 2nd floor
DK-2200 Copenhagen N
CVR no. 27506372
Telephone +45 38 34 36 00
Email and contact to our data protection officer: firstname.lastname@example.org
2. Application for sperm count test
Application and appointment
We collect the information you provide directly to us when you fill in our online contact form, such as contact details, information about your education and occupation, information about where you heard of ESB, information stating that you want to become a sperm donor and information about the appointment that you have made with ESB for examination of your sperm count. We process such data to evaluate your application and book an appointment for you to make your first sperm sample. The legal basis for processing the data you provide in the contact form is the consent given by you under point (a) of article 6(1) of the General Data Protection Regulation (the “GDPR”).
Sperm count examination
When you have made your first sperm sample, we will examine your sperm count to determine whether your sperm count is sufficiently high to become a donor with ESB. As part of the examination, we process your genetic data and data concerning health. The legal basis for processing this data is the consent given by you under point (a) of article 9(2) of the GDPR.
As part of the application process, we use processors, including accredited test laboratories to test for diseases etc. The employees of the test laboratories are subject to a duty of confidentiality and the legal basis for processing in respect of disclosing your genetic data is the consent given by you under point (a) of article 9(2) of the GDPR.
3. Application for admission to ESB’s donor program
If your sperm count is sufficiently high, you will be invited to a donor interview. During the donor interview, we will collect information about your national ID number (CPR number), a copy of your passport or driver’s licence, your medical history, your sexual orientation and sexual relations, your alcohol or drug consumption, if applicable, your ethnicity and any criminal offences. This is done to document your health status, including your medical history, which may include infections with sexually transmitted diseases, and to assess whether you can be approved as a donor. The legal basis for processing such data is the consent given by you under point (a) of article 9(2) of the GDPR (personal data concerning health and other sensitive data), and sections 8(2)(1) (criminal offences) and 11(2)(1) (CPR number) of the Danish Data Protection Act (databeskyttelsesloven).
If, following the donor interview, we determine that you are still fit to become a donor, you must undergo a medical examination with a physician associated with ESB. We will receive the result of the medical examination. The legal basis for processing this data is the consent given by you under point (a) of article 9(2) of the GDPR.
Blood and urine samples
If the result of the medical examination is satisfactory, we will ask you to provide us with urine and blood samples. The collection of your urine and blood samples involves processing of data concerning health. The purpose of this is that we can test you for a variety of diseases. In that connection, we will also register information about your finger print for the purpose of registering you in our access system where we use biometric identification. The legal basis for processing this data is the consent given by you under point (a) of article 9(2) of the GDPR.
Conclusion of donor contract and final visit
In connection with your visit to ESB to make the above urine and blood samples, you will be offered to sign a donor contract. In that connection, you must decide whether you want to be an “open donor” or a “non-contact donor” (anonymous) (this is primarily relevant to whether your potential donor children will be able to contact you later). In that connection, we process information about your donor status and your contact details etc. If the result of the blood and urine sample is satisfactory, you are invited to a final visit to ESB. During this visit, you must complete a psychological evaluation, take part in a sound recording, draft a goodwill/handwritten message and hand over a photo of yourself as a baby. The purpose of collecting and processing such data is that it may be included in the donor profile which ESB will prepare and disclose to potential purchasers of your sperm to allow the purchaser to obtain an idea of who you are. ESB will also prepare a staff impression description, which will be included in your donor profile, where an employee of ESB, who had regular contact with you during the application process, will describe his/her impression of you. The legal basis for processing this data is the consent given by you under point (a) of article 6(1) and point (a) of article 9(2) of the GDPR.
4. Processing of personal data in connection with being a donor with ESB
Matching of photos
ESB also processes information such as your portrait for a “physical matching” with a potential client with ESB. Your portrait will not be passed on or disclosed in connection with physical matching. However, ESB will perform an internal “matching” as we will compare your portrait with the portraits provided by our clients. The purpose is for ESB to assess whether your photo is similar to the photos provided by our clients. The legal basis for processing your portrait is the consent given by you under point (a) of article 6(1) of the GDPR.
Processing of data concerning health etc.
When you have been approved as a donor with ESB, you will be invited regularly to consultations concerning your health which involves processing of your data concerning health. Moreover, ESB will store the sperm donated by you, which will involve processing of your genetic data. The legal basis for processing this data is the consent given by you under point (a) of article 9(2) of the GDPR.
Moreover, if you have chosen “open donor”, your DNA will be used to perform paternity tests to ascertain a biological match between you and a donor child. You have also given your consent to this, see above.
Your donations and data concerning your health will be disclosed to fertility clinics worldwide to the effect that the fertility clinics may offer fertility treatment and insemination of women to their own clients or ESB’s clients. The legal basis for processing in respect of disclosing your genetic data is the consent given by you under point (a) of article 9(2) of the GDPR.
The information about your donor profile, but not information identifying you or your family, will be disclosed on ESB’s websites etc. to allow ESB to market your sperm to our clients.
If ESB discontinues its activities, the personal data in your donor file will be disclosed to another tissue establishment to ensure compliance with the requirement for traceability laid down in section 11 of the Danish Consolidated Act on Requirements for Quality and Safety in the Handling of Human Tissue and Cells (bekendtgørelse om kvalitet og sikkerhed ved håndtering af humane væv og celler).
Specifically for open donors:
We may release your name and your contact details to a donor child. To comply with public authority requirements, we may also disclose your name, date of birth, place of birth, nationality, education and contact details to a treatment facility or a national public authority.
5. Transfer to third countries
Our donor program also implies that we disclose personal data to recipients in countries outside the EU/EEA. In that connection, your personal data will be transferred to clinics, individuals and national public authorities as described above.
You will find a list of such recipients and countries here (will be updated regularly). The list is non-exhaustive as ESB is not aware of the identity of potential purchasers/recipients at the time of the donation and as straws may also be purchased by clients on ESB’s website.
The legal basis for this disclosure is your consent and the model contract which ESB has concluded with the receiving clinic. You may find an example of the model contract here: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915.
Our processors may also transfer your personal data to their sub-suppliers in the US. Such a transfer will be based on EU’s standard contractual clauses for the transfer of personal data to processors established in third countries. You may access the model contract here: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087&from=EN
6. Storage of your personal data
If you are not approved as a donor
If you are not approved as a donor, we will delete all your personal data (excluding your contact details and your CPR number) as soon as possible. We will store your contact details and your CPR number for 30 years after the time when you are notified that you have not been approved as a donor as we must be able to identify you in accordance with recommendations from health authorities.
If you are approved as a donor
If you are approved as a donor and ESB subsequently sells the sperm donated by you, ESB is required to store all data included in your donor file for at least 30 years after we have sent the last sperm donated by you. This is done to comply with the requirements for traceability laid down in legislation (reference is made to sections 10 and 18 of the Danish Consolidated Act on Requirements for Quality and Safety in the Handling of Human Tissue and Cells and to schedules 4 and 8 to such Act). Your data concerning health and genetic data may also be stored to determine genetic diseases (adverse reactions) which may develop in donor children. Generally, this entails that ESB will store the personal data for at least 30 years after we have sent the last sperm donated by you.
7. Your rights
Under the GDPR, you have several rights in relation to our processing of personal data about you.
Right to access data (right of access)
You have the right to access the data which we process about you and several other pieces of data.
Right to rectification (correction)
You have the right to have inaccurate data about you rectified.
Right to erasure
In certain circumstances, you have the right to have data about you erased before we are generally required to erase such data.
Right to restriction of processing
You have the right to restrict the processing of your personal data in certain circumstances. If you have the right to restrict the processing, we will, in future, only be permitted to process the data – except for storage – with your consent or for the establishment, exercise or defence of legal claims or for the protection of a person or important public interests.
Right to object
In certain circumstances, you have the right to object to our otherwise lawful processing of your personal data.
Right to transmit data (data portability)
In certain circumstances, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to have such data transferred from one controller to another without hindrance.
You can read more about your rights in the Danish Data Protection Agency’s guidance on the data subjects’ rights, which is available on www.datatilsynet.dk.
If you wish to exercise one of the above rights, you may contact ESB at email@example.com.
8. Withdrawal of consent
You have the right to withdraw your consent at any time. If you wish to do so, please contact us at firstname.lastname@example.org.
If you wish to withdraw your consent, it will not affect the lawfulness of our processing of your personal data on the legal basis of the consent previously given by you and up to the time of withdrawal. If you withdraw your consent, it will not become effective until such time.
Please note that the nature of the donation of sperm means that even if you withdraw your consent, different legal basis may exist in respect of the further processing of your personal data, including public authority requirements. For example, ESB is required to comply with the requirements for traceability (see paragraph 6 above) and, therefore, the information in your donor file will be stored to comply with legislative requirements, irrespective of whether you withdraw your consent.
9. Data protection officer
If you have any questions about how we process your personal data, you are welcome to contact our data protection officer at any time. You may contact our data protection officer at email@example.com
10. Correction of data etc.
If you wish to update, change or erase the personal data which we have registered about you, wish to access the personal data we process about you, or if you have any questions about this policy, you may contact us at firstname.lastname@example.org.
If you wish to complain about the processing of your personal data, you may contact us at email@example.com. You may also lodge a complaint with the Danish Data Protection Agency (Datatilsynet). You will find the Danish Data Protection Agency’s contact details at https://www.datatilsynet.dk/.