Lønmodtagernes Garantifond (LG)

As a personally liable owner/co-owner, curator or restructuring agent, here you can read about what data LG processes, how the data is processed and what rights you have when we process cases and inquiries regarding:

• Payment orders sent to personally liable owners/co-owners

• Restructuring processes

• Loans in the event of restructuring

• Power of attorney matters

• Estate management processes related to bankruptcy estates, etc.

LG is responsible for the processing of the personal data that we have about you.

We process your personal data for the following purposes:

• To ensure that employees get paid the claims they are entitled to for owed salary, compensation and payment in lieu of untaken days of holiday and for reporting owed holiday pay to Lønmodtagernes Feriemidler, etc. in the event of the employer’s bankruptcy, shutdown and insolvency or death and insolvency or the employer’s ongoing restructuring.

• To collect paid holiday funds from the employer or your employer's representative.

• To collect the unpaid claims from dissolved and/or solvent employers and/or their bankruptcy estates and in some situations the new employer when a company has been acquired by a public buyer or a private buyer covered by a public guarantee.

• To ensure that employees get paid salary from the employer during the employer’s restructuring when LG, upon being requested, provides loans to the employer to pay salaries.

• To support an effective, correct and uniform case processing by transferring certain data to a knowledge base database.

• To support an appropriate, effective and financially sound operation and to administer the scheme by transferring, storing and comparing certain information in a data warehouse and thereby ensure available and specified data about the operation and administration of the scheme.

• To train our employees and improve the customer experience (if you call us and accept that we can record the conversation).

• To test our systems in connection with development, optimisation of operations and, if relevant, fixing errors.

We only collect information about you that we need to process your case. We collect the following types of personal data about you:

Common personal data

• We receive civil registration numbers and other basic data from the Danish Civil Register where this is relevant to the case.

• We receive information about income, etc. from the Danish Tax Agency.

• We receive information about paid out holiday funds from Lønmodtagernes Feriemidler.

We process your data on the basis of the Danish Act on the Employees’ Guarantee Fund (bekendtgørelse af lov om Lønmodtagernes Garantifond). LG can obtain and coordinate data for case processing and for checking payments, etc. This can be done with the help of Udbetaling Danmark – Public Benefits Administration on the basis of special provisions in the Danish Udbetaling Danmark Act and established guidelines, including those for erasure of data.

We may pass on information about you to other public authorities such as the Danish Tax Agency, Udbetaling Danmark – Public Benefits Administration or the police that pursuant to the law are entitled to receive the information or which LG works together with.

We can pass on information about you to others who are entitled to receive the information, such as authorities, institutions and relevant private companies (see below). We pass on the following types of personal data about you:

Common personal data

• We pass on information about financial matters, including collections, ect. to curators/bankruptcy estates

• We pass on information about payments, etc. to the Danish Tax Agency.

• In some cases, we have to pass on your case to the Danish National Archives.

• We pass on information about your case to Lønmodtagernes Feriemidler.

We store your information while processing the case and delete it 10 years after the bankruptcy estate has been terminated. If the estate is shut down before the payments to employees have been completed, we delete the data 10 years after the final decision/payment was made. The time of deletion is defined based on the latest decision/payment for the whole bankruptcy process. . LG stores data on other individuals for up to two years from the time the data was received, though longer if during this period a person makes a claim before the deletion period is reached.

The information is stored after the case has been closed due to rules in the Danish Limitation Act, the Danish Bookkeeping Act and the Danish Archiving Act.

If you have consented to LG recording a conversation, LG deletes this conversation after two months. You can always have the conversation deleted earlier by contacting LG.

We may make decisions that are solely based on automated data processing. The automated decisions are made on the basis of the reports that we receive from holiday guarantee schemes/holiday funds where we automatically pay reimbursements for holiday pay if the conditions are met.

You may object to LG’s keeping personal data about you.

You can receive a copy of the data, which LG keeps about you.

You may also request:

• to have your personal data rectified or erased

• to have the data sent to you or someone else

• to have LG suspend the processing of your data

Finally, you may object to LG making automated decisions.

If you ask to have your personal data erased, LG may not be able to comply with your request.

There may be conditions or limitations to the rights mentioned above. It is therefore not guaranteed that, for example, you have the right to have your personal data deleted in a specific context - this will depend on the specific circumstances in connection with the data processing. Among other things, this may be due to your personal data being used in a case involving a payment to a third party or for legal compliance reasons.

Do you have any questions about for LG about your case?

If you have any questions about your case for LG, please contact LG.

Contact LG

Do you have any questions about your personal data?

If you have any questions concerning LG’s processing of your personal data or if you want to exercise your rights to, for example, get access to or erase your personal data, you can contact LG.

Contact LG

If you write to LG, please write “personal data” in the subject line.

You can contact the Data Protection Officer, if you think

• that you have not received a satisfactory response to your request for access to your personal data

• that LG has not respected your rights

Contact the Data Protection Officer (at LifeinDenmark.dk)

If you disagree with the way in which LG processes your personal data, you may submit a complaint to the Danish Data Protection Agency.

Please note that the Danish Data Protection Agency is only a complaints body in respect LG’s processing of personal data and not the handling of your case.

If you disagree with the way in which LG is handling your case, you should contact LG.

Lønmodtagernes Garantifond, LG

Kongens Vænge 8, 3400 Hillerød

Central business registration number: 11043739

• Article 6(1)(e) of the General Data Protection Regulation (common personal data)

• Article 9(2)(f)(1) of the General Data Protection Regulation (sensitive personal data)

• Article 10 of the General Data Protection Regulation (convictions and violations of the law)

• Section 11(1) of the Danish Data Protection Act (civil registration no.)

• The Danish Act on Employees’ Guarantee Fund (Lov om Lønmodtagernes Garantifond)

• Article 45(1) of the General Data Protection Regulation (transfers to safe non-EU/EEA countries)

• Article 46(2)(a) of the General Data Protection Regulation (transfers to an unsafe non-EU/EEA country)

• Article 49(1)(e) of the General Data Protection Regulation (transfers take place for legal compliance reasons)

You can read more in:

The General Data Protection Regulation

The Danish Data Protection Act

Danish Atc on the Employees' Guarantee Fund (LG) (in Danish)