29.  APPEALS  30. DATA PROTECTION 31.  EARLY DETECTION AND EXCLUSION SYSTEM 28.4  Unusual commercial expenses 28.5  Breach of obligations, irregularities or fraud  Tenders will be rejected or contracts terminated if it emerges that the award or execution of a  contract has given rise to unusual commercial expenses. Such unusual commercial expenses are  commissions not mentioned in the main contract or not stemming from a properly concluded  contract referring to the main contract, commissions not paid in return for any actual and legitimate  service, commissions remitted to a tax haven, commissions paid to a payee who is not clearly  identified or commissions paid to a company which has every appearance of being a front company.  Contractors found to have paid unusual commercial expenses on projects funded by the European  Union are liable, depending on the seriousness of the facts observed, to have their contracts  terminated or to be permanently excluded from receiving EU funds.  The contracting authority reserves the right to suspend or cancel the procedure, where the award  procedure proves to have been subject to breach of obligations, irregularities or fraud. If breach of  obligations, irregularities or fraud are discovered after the award of the contract, the contracting  authority may refrain from concluding the contract.  Tenderers believing that they have been harmed by an error or irregularity during the award  process may file a complaint. See Section 2.12. of the practical guide.  Processing of personal data related to this tender procedure by the contracting authority takes place  in accordance with the national legislation of the state of the contracting authority and with the  provisions of the respective financing agreement.  The tender procedure and the contract relate to an external action funded by the EU, represented by  the European Commission. If processing your reply to the invitation to tender involves transfer of  personal data (such as names, contact details and CVs) to the European Commission, they will be  processed solely for the purposes of the monitoring of the procurement procedure and of the  implementation of the contract by the Commission, for the latter to comply with its obligations  under the applicable legislative framework and under the financing agreement concluded between  the EU and the Partner Country without prejudice to possible transmission to the bodies in charge  of monitoring or inspection tasks in application of EU law. For the part of the data transferred by  the contracting authority to the European Commission, the controller for the processing of personal  data carried out within the Commission is the head of contracts and finance unit R4 of DG  Neighbourhood and Enlargement Negotiations.  Details concerning processing of your personal data by the Commission are available on the  privacy statement at:  http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=A In cases where you are processing personal data in the context of participation to a tender (e.g.  CVs of both key and technical experts) and/or implementation of a contract (e.g. replacement of  experts) you shall accordingly inform the data subjects of the possible transmission of their data to  EU institutions and bodies and communicate the above mentioned privacy statement to them.  The tenderers and, if they are legal entities, persons who have powers of representation, decision- making or control over them, are informed that, should they be in one of the situations of early  detection or exclusion, their personal details (name, given name if natural person, address, legal  Page 22 of 23  August 2020 d4b_itt_en 