Our BCRs are a set of internal binding rules, which are applicable to all of the TotalEnergies subsidiaries that have adopted them. They have been approved by the European data protection authorities.
They allow TotalEnergies subsidiaries to transfer personal data originating from the European Economic Area ("EEA") (2) to TotalEnergies subsidiaries located outside of the EEA in compliance with the applicable law.
Our BCRs apply to all EEA-originating personal data processed by TotalEnergies subsidiaries including data relating to former and current employees, job applicants, clients and prospective clients, suppliers and sub-contractors and the staff of third companies acting on behalf of TotalEnergies subsidiaries as well as shareholders (hereafter "data subjects").
The following principles set out in our BCRs must be respected:
- Lawfulness: Any processing (3) operation carried out within TotalEnergies has a legal basis, provided by the applicable law. Personal data must only be processed for legitimate and lawful purposes. The data must not be further processed in a way which is incompatible with those purposes.
- Relevance: Personal data must be accurate and proportionate, in terms of quality and quantity, in relation to the purpose of the processing.
- Transparency: Personal data must be obtained lawfully and loyally. Data subjects must be informed about the characteristics of the processing of their personal data and about their rights, unless this proves impossible or would involve disproportionate efforts.
- Security: Personal data must be protected by appropriate security measures to limit the risks of unauthorised access, destruction, alteration or loss. When calling upon the services of a third party to process personal data, TotalEnergies subsidiary makes sure that the latter offers sufficient guarantees as regards the security and confidentiality of data.
- Retention: Personal data must be retained only for a reasonable and not excessive period of time with regard to the purpose of the processing. When the retention period expires, the data is destroyed, anonymised or archived.
- International transfers (4) of personal data:
TotalEnergies does not transfer personal data originating from a country of the EEA directly to a TotalEnergies subsidiary located in a third country which does not provide an adequate level of protection, unless such subsidiary has formally subscribed to the BCRs or uses another legal instrument recognised by the European Commission.
TotalEnergies does not transfer personal data originating from the EEA directly to a company not belonging to TotalEnergies located in a country which does not provide an adequate level of data protection (data controller or processor) without a legal basis under applicable law and instruments providing for sufficient safeguards, such as the standard contractual clauses.
Similarly, where a data importer further transfers personal data originating from the EEA to a company not belonging to TotalEnergies (data controller or processor) located in a country which does not provide an adequate level of data protection, the data importer shall enter into an agreement with this company whereby it commits to observe the principles of BCRs.
Under our BCRs, data subjects whose personal data are processed have the following rights:
- Right of access to the data
- Right to rectify, erase and lock data
- Right to object to the processing
- Right to limit the processing
A comprehensive list of the rights granted by the BCRs is detailed in APPENDIX 1, available below.
Data subjects may exercise these rights by submitting a request using the contact details provided in the Legal Notice concerning the processing of their data. TotalEnergies subsidiaries undertake to give replies within a reasonable timeframe about queries concerning the processing outside the EEA.
Moreover, if data subjects believe that a TotalEnergies subsidiary has failed to observe our BCRs, they have the right to lodge a complaint by sending:
- An email to : [email protected], or
- A letter to TotalEnergies – DATA PROTECTION, Tour Coupole, 2 place Jean Millier, Arche Nord Coupole/Regnault, 92078 PARIS LA DEFENSE CEDEX
Data subjects will be informed about the status of their complaint and of any further steps.
The internal complaint procedure is described in APPENDIX 2, available below.
The fact that data subjects may file a complaint with TotalEnergies does not affect their rights to lodge a complaint with the competent EEA data protection authorities or to bring an action before the courts of the EEA country where the TotalEnergies subsidiary responsible for exporting the personal data is established.
Read the appendix
If necessary, our BCRs may be amended or updated.
A copy of the comprehensive version of BCRs and a list of TotalEnergies subsidiaries can be obtained by sending an e-mail to: [email protected].
(1) Personal data means any information enabling the direct or indirect identification of a natural person.
(2) EEA means Member States of the European Union plus Iceland, Liechtenstein and Norway.
(3) Processing means any operation which is performed upon personal data, whether or not by automatic means (e.g.: collection, recording, storage, destruction…).
(4) Transfer means all virtual and physical exchanges of EEA-originating personal data from one country to another.