Updated: 1 June 2021
EMR Settlement Limited has been appointed by the Low Carbon Contracts Company Limited (‘LCCC’) and Electricity Settlements Company Limited (‘ESC’) to undertake settlement services. These services involve processing personal data on behalf of LCCC and ESC. EMR Settlements activities as a data processor are governed by contract terms that comply with Article 28 of the GDPR. We process data on behalf of LCCC in relation to Contracts for Difference (‘CfD’) and ESC in relation to the Capacity Market (‘CM’). LCCC and ESC are the data controllers for personal data collected and used by EMR Settlement in relation to CfDs and the CM. For more information on LCCC’s and ESC’s policy on privacy, please refer to their policy: https://www.lowcarboncontracts.uk/privacy-and-cookies
This Website is not intended for children and we do not knowingly collect data relating to children.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include anonymised data (where the individual is no longer identifiable).
The personal information that you provide and how we use it may differ depending on your relationship with us.
Representatives of Contract for Difference Parties and Capacity Market Participants
Parties to a CfD and CM participants are required to provide certain information to the EMR Settlement,in relation to our payment and settlement activities and may provide details of their employees or representatives in relation to these requirements. If you are one of these employees or representatives, EMR Settlement will process your personal data for the purposes of fulfilling our obligations in relation to our role in CfD and CM payments and settlements, and to fulfil our obligations generally.
These purposes may include:
- Maintaining records of CfD Party and CM participant details
- Other matters related to the CfD or CM schemes, such as notifying Parties about scheme or regulatory developments, market information or any other purposes relating to the operation of these schemes
- To undertake payment and settlement functions in relation to the CfD and CM mechanisms
- To fulfil EMR Settlement’s obligations and perform our functions under the CfD or CM schemes, including obligations under our contracts with the Low Carbon Contracts Company (the CFD Counterparty, the “LCCC”) or the Electricity Settlements Company (the CM Settlement Body)
- Share with LCCC and ESC in order for them to communicate with EMR Parties directly for key updates, events, and significant information
- To provide, maintain and improve EMR Settlement’s systems
- Seeking feedback from our industry customers, including customer satisfaction surveys, to make improvements to our services
- To undertake any processing required by any law and/or requested by government or regulatory bodies, or law enforcement organisations
- Arranging meetings and recording meeting minutes
- Providing industry training and information sessions.
For this purpose, we may process the following types of personal data:
- Business contact details, including physical addresses, email addresses and phone numbers
- Job title, and place of work/employer
- IP addresses
- Web portal username, password and user defined security questions.
Service providers, contractors and suppliers
We may process your personal data if you are one of our service providers, or if you represent one of our service providers, for the following purposes:
- Procurement or management of a contract
- To fulfil EMR Settlement’s obligations and perform our functions under the CfD or CM schemes, including obligations under our contracts with the LCCC or the Electricity Settlements Company
- To undertake any processing required by any law and/or requested by government or regulatory bodies, or law enforcement organisations.
For this purpose, we may process the following types of personal data:
- Business contact details, including physical addresses, email addresses and phone numbers
- Job title and place of work/employer.
Website use and general enquiries
You can visit https://www.emrsettlement.co.uk/ (our “Website”) and without disclosing any personal information about yourself.
We endeavour to collect and use your personal information only with your knowledge. We typically collect personal information when you:
- Register to use the EMRS Portal (https://www.emrsettlementportal.co.uk) and login
- Register to use My EMRS (https://my.emrsettlement.co.uk) and login
- Use services
- Make customer enquiries
- Register for information or other services
- When you respond to communications from us (such as questionnaires or surveys)
- We may also collect information we observe about you, for example via cookies when you visit our Website.
We will only use your personal data when the law allows us to including:
- Maintaining secure, accurate and up to date login details and for site access security purposes
- Responding to and keeping a record of your enquiries if you contact us
- Sending you information about EMR Settlement’s activities and the electricity market, including where you have subscribed via our Website to receive a circular or operational newsletter
- Investigate, respond to and/or process any complaints, claims for loss, damage and/or injury
- Aggregate/process personal data for research, statistical and/or scientific purposes in accordance with our commitment to health, safety, environmental, commercial interests and/or security purposes
- Any other processing for which you have given your consent
- Any processing required by any law and/or requested by government or regulatory bodies, or law enforcement organisations.
Where you have subscribed to receive email communications, we may use your personal information to keep you informed of our activities, events and other general matters, as described in the subscription form. If you do not wish to be contacted for these purposes, please let us know by using the contact details in “Your Rights in Relation to Your Information” below.
The types of personal information collected for these purposes could include, for example, your:
- Contact details, including physical addresses, email addresses and phone numbers
- Job title and place of work/employer
- IP address and information collected through cookies.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data), and we do not collect any information about criminal convictions and offences.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where it is necessary for our legitimate interests (or those of a third party including Elexon Limited) and your interests and fundamental rights do not override those interests. Our legitimate interests in processing personal data are our interests in in performing our functions and fulfilling our obligations under our CfD and CM contracts, including delivering payment and settlement services and related systems, and undertaking activities necessary for the performance of those functions
- Where we need to comply with a legal obligation.
Where we process your data on the basis of legitimate interests, we have considered the impact of relevant processing on your interests and rights, and have in place appropriate safeguards to ensure that any intrusion on your privacy is reduced as much as possible.
Generally, we do not rely on consent as a legal basis for processing your personal data, although we may in some circumstances seek your explicit consent for certain processing.
How long we store your personal information for
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including to meet any legal, accounting, or reporting requirements, including requirements under our CfD or CM contracts, in line with our retention policy.
When we determine how long we will keep your personal data, we consider any minimum retention requirements set out in law, as well as the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means.
To whom will your information be disclosed (“Recipients”)?
For the purposes detailed above, your information may be disclosed for processing to:
- Members of the EMR Settlement workforce
- Directors of EMR Settlement
- Our holding company and related group companies, including Elexon Limited, and their employees, contractors and other personnel who use personal information to provide support services to EMR Settlement
- The LCCC and the ESC
- Third party service providers who use your personal information to provide services to us (“Service Providers”)
- Auditors, contractors or other advisers auditing any of our business processes or engaged to provide professional advice to the business (“Third Parties”)
- Ofgem and other government bodies or regulators, courts, or law enforcement bodies.
Any processing performed by EMR Settlement, Elexon, Service Providers or Third Parties will be governed by an agreement requiring compliance with relevant data protection legislation. Our service providers are only permitted to process your personal data for specified purposes in accordance with our instructions.
Your rights in relation to your information
As a data subject you have rights in certain circumstances in relation to your personal data under relevant data protection legislation
Request access to your personal data
This is commonly known as a “data subject access request”. This enables you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.
Request correction of the personal data
This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data
This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with legal requirements. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data
This enables you to object to processing where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data
This enables you to ask us to temporarily suspend the processing of your personal data in the following circumstances:
- If you want us to establish the data’s accuracy
- Where our use of the data is unlawful but you do not want us to erase it
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data
This can be transferred to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time
This enables you to withdraw consent at any time if we have notified you that we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
Please be aware that there are exceptions and exemptions that apply to some of these rights, which we will apply in accordance with data protection legislation.
You can write to us at any time to exercise your rights. Please email usat: [email protected]
Or write to:
EMR Settlement Ltd
350 Euston Road
Please include your name and address. We would be grateful if you could also provide brief details of the personal information of which you would like a copy or which you would like to be corrected (this helps us to locate your data more easily).
We will require proof of your identity before providing you with details of any personal information we may hold about you.
We will attempt to respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex, in which case we may extend this timeframe.
We normally process your data either in the UK or in the European Economic Area (EEA). Where our major suppliers (or their subsidiaries) undertake some operations outside the UK, we place them under contractual obligations to process your data in the EEA. Some of our operations are provided by sub-processors who transfer personal data outside the EEA. For these service providers, we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the internet. EMR Settlement does not accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
We believe we have appropriate policies, rules and technical measures to protect the personal information that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.
All our employees and data processors that have access to, and are associated with the processing of your personal information, are obliged to respect the confidentiality of our visitors’ information.
We ensure that your personal information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Third-party links and personal information submitted to other websites
This Website may include links to third-party websites. Accessing those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We cannot be responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Website, or you linked to our Website from a third party website.
Changes to this policy and your personal information
In the event the Purposes for processing change, then we will notify you as soon as practicable and seek your consent if appropriate where such notification relates to a new additional purpose for processing.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
They also allow us to analyse information about how many people use our website and what pages they tend to visit. We do this to provide you with a better Website by monitoring which pages you find useful and improving the Website to better meet your needs.
Cookies do not give us access to your computer or any information about you, other than the data you choose to share with us.
To learn more about the cookies that we use please visit our Cookies Policy.
If you have any enquiry about:
- Any requests to exercise your legal rights.
Please contact us in the following ways:
Email address: [email protected]
Postal address: EMR Settlement Ltd, 4th Floor, 350 Euston Road London NW1 3AW
Telephone: +44 (0)20 7380 4333
You also have the right to make a complaint at any time about a data protection issue to the Information Commissioner’s Office (ICO), the UK regulatory authority for data protection. Information about how to make a complaint is available on the ICO’s website at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, and would encourage you to contact us in the first instance using the contact details above.