1. Must ESDP have an authorisation from the data protection authority prior to processing personal data related to race or ethnic origin? 

Since the adoption of the European Union General Data Protection Regulation, 2016 (GDPR), the general obligation to obtain the data protection authority’s authorisation has been removed from the domestic laws of the relevant countries. There are a few exceptions which do not apply here.   

 

2. I thought that it was forbidden to process data related to ethnicity. On what basis is ESDP processing such data? 

Under Article 9 of GDPR, the processing of personal data revealing racial or ethnic origin is permitted, amongst others, where the data subject has given explicit consent to the processing of such personal data for one or more specified purposes.  

In the Netherlands, subject to certain conditions, it is possible to process personal data relating to race and ethnicity without consent where such data is necessary to reduce or eliminate actual disadvantages connected to racial or ethnic origin. In our case, note however that we systematically rely on consent.  

In France, it is also possible to rely on Article 9 of GDPR to process personal data revealing a person’s ethnicity provided, amongst others, that the principle of indivisibility of the French Republic, provided under Article 1 of the Constitution, is respected. 

By way of example, Government Regulation No. 99-778 of 10 September 1999 established a Commission for the Compensation of Victims of Spoliation Resulting from the Anti-Semitic Legislation in Force during the Occupation (CIVS). On 6 June 2013,  the French data protection authority (National Commission on Informatics and Liberty otherwise known as CNIL), authorised CIVS’ processing of personal data on racial and ethnic origins, on the basis that “given the fact that some of the victims of spoliation became such victims because of their real or supposed racial or ethnic origin or religious opinions, the collection of such data is justified by the purpose of the contemplated interconnection.” 

ESDP aims to provide assistance to those whose rights under Article 1 of the French Constitution are violated in that they are subject to detrimental unequal treatment “because of their real or supposed racial or ethnic origin”. 

ESDP’s main activity and objectives are not to conduct ethnic statistics or studies on the measurement of the diversity of people’s origins, discrimination, and integration; ESDP’s main activity and goal are to provide assistance to the most discriminated ethnic minorities who run or own businesses and to give them visibility with respect to our Corporate Members who are committed to equal opportunities, diversity and inclusion. 

ESDP’s activities do not create an obligation for our Corporate Members to engage or buy from the businesses on our supplier database nor does it create any types of quotas. This means that our Corporate Members may use our supplier database as they see fit and may engage a business listed on our database as they see appropriate for their organisation and shareholders. The merits of the businesses listed on our database, including the quality of their services and products are the decisive factors in our Corporate Members’ decision to engage them. Furthermore, information indicating the suppliers’ ethnicity is never shared with Corporate Members.  

Note that a high number of French non-profit organisations (often referred to as “associations”) are based on race, ethnicity and/or religion, such as  Oeuvre de secours aux enfants: which is presented as a Professional Jewish Association, “Jewish because it originates from the community and is primarily destined to the community” or the “Representative Council of Black Associations in France“, or the High Council of Asians in France of which aim is, amongst others, to help people of Asian origin “be better represented to local, regional and government authorities, and to the media”). 

 

3. Isn’t it racist for ESDP to make a reference to people’s “ethnicity”? 

We understand, accept, and embrace the fact that human beings constitute a single race. For the sake of our actions, we must acknowledge, without condoning or agreeing with it, the fact that large sections of the population are discriminated against due to what is perceived as a different “race” or “ethnicity”. We also note that “race” and “ethnicity” are terms used by laws in Europe and beyond to refer to different groups of human beings. For example, “race” is used in the French Constitution, in French criminal law and in French data protection law, amongst others. 

In order to identify the groups of people who are subject to discrimination, based on their non-European white physical appearance or non-white European sounding name, we use the terms “ethnicity” and “ethnic” to the extent such terms are used under the laws of the countries of our certification programmes. 

 

4. I’m a white ethnic minority, why can’t I be part of the certification programme? Isn’t this anti-white racism? 

ESDP and our certification programme aims to help those who are subject to unequal treatment and unequal opportunities “because of their real or supposed racial or ethnic origin” solely based on their physical appearance. As such, in the countries of our certification programmes, non-white ethnic minorities, even if they have been citizens of the country for generations, have a higher tendency to be subject to unequal opportunity solely based on physical appearance.  

 

5. Isn’t it anti-white discrimination for ESDP to limit certification to businesses owned by visible ethnic minorities? 

The aim is to provide business visibility to underrepresented groups of people who are subject to unequal treatment solely due to their physical appearance. This doesn’t mean that they will win contracts or take another business’ place in the supply chain, or that they will be given priority just due to ethnic considerations. The merits of the businesses on our database, including the quality of their services and products are the decisive factors in our Corporate Members’ decision to engage them. Note that in France, measures aimed at establishing equality of opportunity between underrepresented groups and overrepresented groups are not prohibited but should not create another type of imbalance. In our case, we and our Corporate Members aim to ensure that the business’ merits are a decisive factor.  

Note that no information related to ethnicity within a certified business is shared with the Corporate Members. 

 

5. Why not include people with disabilities, religious minorities and LGBTQA+ people? They suffer from discrimination too. 

We appreciate and acknowledge the fact that LGBTQA+ people, some religious minorities and people with disabilities and other non-ethnic minorities suffer from discrimination, hate or lack of access to business opportunities. Whilst ESDP focuses only on ethnic minorities, ESDP knows a number of organisations promoting the rights of LGBTQA+ people, some religious minorities as well as people with disabilities and other minority groups, which are very active in their field and of which activity is complementary to ESDP’s, our endeavours being to promote equal opportunities. Please contact us if you want to have the details of those organisations. 

 

6. Why do I have to certify?  

We certify the businesses before they are added on the businesses’ supplier database in order to confirm eligibility and minimise risks of deceitful behaviour such as temporarily appointing a minority director solely to be eligible for visibility on the ESDP database. Certification also provides a baseline helping the Corporate Members browse the database based on defined criteria.