The purpose of these notes is to act as a general source of information, services and procedures you will need to be aware of from early to final stages of production, as well as for post production. It contains a summary of main features and contact details of where to get more information. Individual strands may have specific requirements and house styles that you will also need to bear in mind.
Please ensure that all relevant members of the production crew working on the programme receive this information.
New:
in the body of the page.
Contents
1.
Getting Started
2.
Health & Safety
3.
Insurance
4.
Clearances
5.
Use of the BBC's music blanket licences
6.
Contributors, Key Agreements and other Third Party agreements
7.
Commissioning Specification
8.
Programme Finance Committee Approvals
9.
Progress Reporting
10.
Publicity Stills / Promotional DVDs
11.
BBC Guidelines
12.
BBC Editorial Policy & Compliance
13.
Contact with the BBC's legal departments
14.
Delivery
15.
Programme as Completed Forms and Underlying Paperwork
16.
Using BBC Information & Archives
17.
Using clips of BBC programmes
18.
Trade Marks
19.
DPRS
20.
(currently no section 20)
21.
Invoicing
22.
Data Protection Guidelines
23.
Relevant Documents and Guidelines
1. Getting Started
This
website
provides most of the information you will need to know in relation to producing and delivering your programme in accordance with the BBC's requirements.
The website, together with your production agreement and the information set out in these notes should provide the answer to most questions you will have.
For any further assistance please contact the relevant BBC contact who you are with dealing in connection with your programme.
2. Health and Safety
updated on
[28 April 09]
Health and safety are essential factors to consider on your production. If not currently approved, your company will need to submit a health and safety questionnaire for approval. This is an essential part of the commissioning process and your programme will not be considered by the relevant Programme Finance Committee until the health and safety questionnaire is returned completed.
The questionnaire provides a general assessment of your health and safety policy and accident record. A copy of the questionnaire required is available
here
[Word file, 102Kb]
PDF Version
[PDF, 42Kb].
Approval lasts for a period of 3 years. Once it expires, a re-submission of a full policy is required. Please note certain productions may involve filming in a hostile environment which requires additional approvals. Additional approval may also be required in certain circumstances, by way of example programmes in which stunts are undertaken or in which animals are involved). Programmes will not be greenlit by the relevant Programme Finance Committee, until the BBC has the appropriate reassurances that your company has in place suitable health and safety arrangements.
3. Insurance
updated on
[14 January 09]
You are required to ensure that appropriate production insurance is in place before you commence production, and, where the BBC is cash-flowing the Licence Fee, that the BBC has approved these arrangements.
AON are currently the provider of the BBC's insurance scheme for BBC commissioned independent productions and the cost is presently 0.55% (for independent drama Productions) or 0.5% (for independent non drama productions) of the "insurable amount" of a production's costs (as set out below). When a production joins the scheme, this amount is deducted from the Primary Rights Licence Fee payable to you and is paid directly by the BBC.
When you initially call Aon to put insurance in place, Aon will check that the BBC is the single largest funder of the project, what type of production it is, the total insurable amount (total budget minus production fee, overheads, royalties, insurance premium and contingency) and who is the Business Affairs Manager at the BBC for the project.
From this information they determine whether the particular production qualifies for the scheme (if there is any doubt Aon will contact BBC Insurance Services).
AON then send the
BBC Proposal Form
[PDF, 33KB] to you via email and ask you to complete and send it back.
AON will then contact the Business Affairs Manager / Assistant Programme Finance Manager at the BBC to make sure the Programme is fully commissioned and to check that insurance may be put in place.
The BAM / APFM will issue a SAP code to AON to enable them to collect the cost of the insurance and within 3 days AON will send you your insurance documents and cover letter.
This usually includes documents for completion such as driver's declarations, Statement of Health forms, travel forms and also an indie guide.
The
indie guide
[PDF, 171KB] outlines each section of the policy and lets you know what the production is covered for.
Important covers applied for include employers' liability, public liability and travel insurance. The travel insurance, provided by AON and underwritten by Royal & Sun Alliance, satisfies the agreement in place with the unions to provide a certain level of travel insurance for your crew whilst working abroad on a BBC funded production, details of which can also be found in the
indie guide
[PDF, 171KB].
In some circumstances you will need to obtain specialist insurance and you should contact either AON or your own insurer in order to put this insurance in place.
When filming in hostile environments in particular you will need to plan and budget for the additional risks and costs which may be involved (e.g. equipment confiscation, detention, security services, specialist insurances etc) as standard production insurances are unlikely to cater for such risks. You should discuss details of any specialist insurances you plan to buy with your BBC Business Affairs Manager.
It should be stressed that although you are not obliged to use AON you must have adequate insurance in place as set out in clause 8 of the
General Terms for the Production of Television Programmes by Independent Producers
[PDF] and the terms of any alternative insurance coverage must be approved in writing in advance by the BBC.
If you join the AON insurance scheme you will not be contractually required to hold errors and omissions insurance for
any BBC transmission of the Programme
(see section on New Media Deliverables below). The BBC has its own errors and omissions policy, which covers our broadcast of the Programme, as long as you have complied with the warranties in Clause 17 of the General Terms (amongst others, that you have contracted and cleared the relevant rights, and checked the Programme for defamation; if there have been errors in your clearing or checking, then our policy will not apply).
It should be stressed that the BBC's errors and omissions coverage
does not apply to any non BBC transmission of the Programme
. Such coverage is your sole responsibility to provide to any third parties who require it.
If you are storing any sets, props, costumes, or any other similar material created or acquired in connection with the Programme in accordance with General Term 12.4.2 then, whilst the BBC is paying for storage, these items will be covered (for the BBC's benefit only) under the BBC's general insurance cover (but you will need to notify the BBC's Head of Insurance if the value in store is in excess of £250k). This insurance cover will expire upon de-commission of the Programme by the BBC. If a Programme is re-commissioned, these items must be covered again under your production insurance once you go into pre-production on the subsequent Programme (whether under the BBC production scheme or otherwise).
New Media Deliverables
If you have been commissioned to produce New Media Deliverables under Schedule 9 or one of the BBC's Framework Agreements, then you will be required to arrange and maintain with a reputable insurer adequate Public Liability Insurance (including Product Liability Insurance) and Professional Indemnity Insurance (including Technology Errors and Omissions).
You should take particular note of the financial levels and periods of cover required which are set out in your agreement with the BBC.
If in doubt about any of your insurance needs you should always discuss them with your BBC Business Affairs Manager.
4. Clearances
The BBC expects contributors to be contracted under the union agreements between PACT and Equity, or the Musicians' Union, or the Writers' Guild of Great Britain, or otherwise to be bought out for all uses of the programme which the BBC is entitled to make during its licence period (including for the avoidance of doubt, the BBC's new media rights and extract rights) - unless otherwise agreed.
This applies to every element of the programme (interviewees and contributors, presenters, writers, actors, walk-ons, voice-overs, artworks, stills, library footage, music etc...).
The detailed basis upon which contributions to the programme should be contracted within the agreed licence fee is as set out in General Term 6 of the
General Terms
[PDF, 693 Kb] of your Programme Production Agreement unless specifically modified in Special Term 3.2 contained in Schedule 1 of your Programme Production Agreement.
Your production agreement (Special Term 3.2 and General Term 6 of the
General Terms
[PDF, 693 Kb] ) will make it clear which BBC uses need to be pre-paid within the licence fee and which BBC uses should be clearable subject to further payment.
These repeat/use costs must be as approved by the BBC (for the avoidance of doubt, standard union rates are approved) and recorded in the Schedule of Residuals which you are required to deliver to the BBC at the end of production.
A Schedule of Residuals template is available here.
You should therefore establish that it is possible to get these rights and what they cost, even if under the terms of your production agreement you are not required to pay for them straight away.
If you have any queries in relation to clearances please refer in the first instance to the person in your company who is responsible for production management or business affairs issues.
Updated:
Archive Clearances
: The BBC is in the process of entering into arrangements with archive houses for BBC in house programmes for the licensing of archive for uses for BBC Public services.
These archive houses are now familiar with the nature of the rights required, which you may wish to note when requiring archive clearance for uses for BBC Public Services.
Other archive houses may also be familiar with the nature of the rights required.
To see full details, download the
Public Service Rights
list [PDF, 15 Kb].
If you have difficulty obtaining rights from these archive houses for uses for BBC Public Services, please let your BAM know and they will liaise as necessary with BBC Programme Acquisition.
5. Use of the BBC's music blanket licences
updated on
[8 April 09]
In order for your programme to be covered by the BBC's blanket licences with the music industry, at least 10% of the programme funding must come from the BBC.
Assuming this is the case, you should use BBC Music Copyright's online automated clearance system "FastClear" to clear your music in connection with the programme, as long as you provide the necessary music reporting information as set out in General Term 6 of your production agreement.
FastClear can be found at
www.bbc.co.uk/vision/co/trng/musicfastclear/
Username and password as follows:
Username: fastclear
Passwork: iwantmusic
Should you need to speak to a member of the BBC's Music Copyright team, your contacts are as follows:
Nicky Bignell
Rights Manager, Music
(020) 8576 7082
Laura Amphlett
Childrens, Entertainment, Music Entertainment
(020) 8576 7072
Debbie Rogerson
Drama, Presentation & Promotions
(020) 8576 7139
Chris Hutchinson
Documentaries, Non Bristol features, Factual and Learning, News and Current Affairs
(020) 8576 7126
Sally Dunsford
Bristol Features, Specialist Factual Arts, Religion, Sport
(020) 8576 7132
6.Contributors, Key Agreements and other Third Party Agreements
You will need to enter into a number of contracts with a variety of contributors/third parties depending on the needs of your production.
If you have any questions regarding third party contracts, or if you think BBC Business Affairs can help in any way during the production period, please contact them as early on as possible. The BBC has some standard forms for contributors, stills that can be e-mailed to you if you wish.
As mentioned in paragraph 4 above, unless otherwise stated in the Special Term 3 of your
Production Agreement [PDF, 271 Kb]
or
[Word, 371 Kb]
( updated on
8 October 2008), you need to contract all contributors for your programme in accordance with Clause 6 of the General Terms.
As your contributor contracts are expected to meet these requirements, the BBC does not need to specifically approve each contract (unless it is a Key Agreement - see below).
Please note though, that any variation to the provisions set out in General Term 6 or Special Term 3 could only be made with BBC consent.
The only exception to this is where the BBC has indicated in paragraph 4 of the
Commissioning Specification [PDF, 98KB]
that it requires prior approval of any "Key Agreements" (as distinct from approving the identity of the person).
For these, you would need to secure BBC consent to the proposed agreement terms and/or fee before signing them.
In
giving its approval, the BBC will only be commenting on issues affecting the BBC (for example additional payments such as repeats and entitlements to net, compliance with BBC policies, and any reserved rights that may undermine the General Terms) and not on any other aspects that may affect you, but not the BBC.
Please note that approval of a draft agreement by Business Affairs does not imply approval of any proposed credit (such approval is an editorial matter).
Please let the BBC have an early draft of these agreements, so that any BBC comments can be incorporated at the early stage of negotiations.
PACT model contracts are available for producers, directors, presenters, locations, stills, consultants etc. and may generally be used without BBC prior approval unless they are a Key Agreement, or are being varied in a way which does not comply with the production agreement.
It remains your responsibility to obtain independent legal advice with regard to all other aspects of your proposed third party agreements and their suitability with regard to the overall terms of the Programme Production Agreement between your company and the BBC, and your company's requirements generally.
7.Commissioning Specification
The
Commissioning Specification [PDF, 98KB]
or
[Word, 294KB]
( updated on
5 May 2009) makes up the Second Schedule of the
Production Agreement [PDF, 271 Kb]
or
[Word, 371 Kb]
( updated on
8 October 2008).
The Commissioning Specification needs to be completed (by you in consultation with your Commissioning Executive) as early as possible during discussions, even at the development stage, in order to expedite agreement between your company and the BBC as to the licence fee. It is important to set out in the document the production detail, any assumptions as well as the editorial vision for your programme as accurately as possible as this specification will form part of your legal obligations to the BBC.
Once the details are agreed between you and the Commissioning Executive the document will be sent to the Business Affairs Manager to check further, following which the Commissioning Executive will sign the document. The Business Affairs Manager will then attach the document to the Programme Production Agreement. Please note, ALL boxes and sections of the document should be completed, however, it may be that some points cannot yet be agreed in which case please insert "to be agreed" and these details must be finalised with the BBC as soon as possible within the agreed licence fee. Other points may not be relevant to your particular production as the Commissioning Specification is designed to accommodate a wide variety of genres and types of productions. Please therefore put "not applicable" in such sections.
Please consider any proposals for your Production or Production Material to be used on the BBC's Public Service "new media" platforms to enhance the core editorial proposition for the Programme. Any such details should be included in the Commission Specification.
Please note that once agreed and signed by you and the BBC, the Commissioning Specification cannot be varied in any way without the BBC's written consent.
New:
Managed Risk Programme List
BBC Vision maintains a "Managed Risk Programme List". You will know that your programme has been put on this List either because this will be specified in your Commissioning Specification, or because your commissioning executive will have informed you. The Managed Risk Programme List operates as an early warning system to highlight programmes with specific editorial risks, intrinsic or reputational risks (rather than regular concerns around Health and Safety, competitions, voting or awards which are managed through different procedures).
Intrinsic
risk - for example, a programme where there's a legal issue or very difficult Editorial Policy decisions. A factual programme involving secret filming would certainly qualify under this definition, or a factual drama in which a living person is being portrayed in a way they might object to.
Reputational
risk - this would be any programme which, although not ostensibly about a difficult topic, could damage the reputation of the BBC. Not intrinsically risky, but still a programme that could attract a lot of press or public attention.
Being on the List also has specific
contractual consequences
:
It means that in addition to the standard rights and approvals that the BBC has in connection with the programme (including with regards to any distribution and promo activity in the UK), you will need to discuss with your commissioning representative all the distribution plans for the programme, including any overseas promotional plans that you or your licensees may have.
As part of this discussion, you will need to agree in writing a risk management strategy in connection with the distribution plans (which might include your commissioning exec having sign-off of certain overseas activities or materials).
You must then, of course, comply with the risk management strategy agreed with your BBC commissioning executive (unless any variations are subsequently agreed in writing).
8. Programme Finance Committee Approvals
All independent productions require approval by the Programme Finance Committee prior to signature and cashflow. Some productions require approval from more than one committee depending on the level of funding or particular deal terms. Your Business Affairs Manager works on your behalf to get your production to these committees promptly. Please discuss any concerns you may have with your Business Affairs Manager. Please note that PFC approval is the only way financial terms will be finalised and agreed. All other conversations and communications should not be considered as financial approval/sign off.
9. Progress Reporting
The BBC is entitled to monitor the production of the programme to enable the BBC to assess any material risks that the programme may not be delivered in accordance with the
Commissioning Specification [PDF, 98KB]
.
To enable the BBC to do this, you should:
-
submit Progress Reports in approved form (the BBC's template is available
here
[Word file, 66Kb]
PDF Version
[PDF, 12Kb] to the BBC Editorial Representative and BBC Business Affairs Manager.
Progress Reports should be submitted on the dates set out in your
Commissioning Specification [PDF, 98KB]
or as reasonably requested by the BBC, and
-
notify the BBC Business Affairs Manager of any problems that could jeopardise the production or delivery of the programme in accordance with the Commissioning Specification.
10. Publicity Stills / promotional DVDs
The number of Publicity Stills and promotional DVDs which you need to deliver is as set out in the
Commissioning Specification [PDF, 98KB]
.
Please also refer to the Stills and Photography guidance notes available
here
.
If you need any guidance with regard to the publicity stills please contact Picture Publicity on (020) 8008 3200 and ask for the relevant genre manager.
For general guidance about promotional DVDs please contact the Manager of the Preview DVDs & Promotional Clips Unit on (020) 8225 6100.
Please make sure that your company makes copies of the stills which it requires for its own purposes as the BBC has limited storage capacity and in accordance with its usual practice, may destroy any materials that it no longer requires.
New:
Please ensure that there are no approvals granted in your talent agreements over the publicity stills which you are contracted to deliver to the BBC under the PPA. If you have any queries about this please speak to your usual business contact. (updated 6 Oct 2005)
11. BBC Guidelines
Listed
below
are the website addresses for the various BBC guidelines and policies that you will need to consider in relation to your production and which you must comply with under the terms of your Production Agreement. If you have previously been commissioned by the BBC could you please make sure that your staff are using the current versions of all these, as contacts and procedures may change from time to time.
For the most up-to-date versions please access them via this Commissioning Website as indicated on the
homepage
.
12. BBC Editorial Policy & Compliance
In producing your programme, you are required to comply with the BBC's Editorial Policy as set out in the
BBC Editorial Guidelines
. If you have any queries about these and how they may affect any aspect of your production, please contact your relevant commissioning executive in the first instance, who will be able to refer you to the appropriate Editorial Policy advisor for your production. The Editorial Policy team may also be reached directly on 0870 333 4550 (internally within BBC 02 81819). Please do keep your Business Affairs Manager informed of the progress of any Editorial Policy issues which arise in respect of the production.
13. Contact with the BBC's legal and rights departments
Relying on advice from the BBC:
Please note that it is your company's responsibility to ensure that the programme complies with all the legal requirements as set out in the General Terms.
Nevertheless, the nature of your programme may mean that during production you come into contact with one (or more) of the BBC's internal legal or rights departments through your Commissioning Executive or Legal & Business Affairs Manager.
Please note that any guidance or opinion given by such internal departments is for the BBC's own purposes and should not be taken to constitute legal advice to your company.
Any reliance that you may choose to place on any such opinion or guidance shall not, unless specifically agreed in writing by the BBC, be deemed to waive your obligations or warranties under the terms of your programme production agreement.
Maintaining legal privilege:
Please also note that when legal advice is provided in connection with a programme, it is normally confidential and protected from having to be disclosed to third parties by what is known as 'legal advice privilege'.
This 'privilege' is an important safeguard which may be unintentionally lost or waived in certain circumstances, including when the advice is communicated to someone who is not the lawyer's "client", unless certain measures are put in place.
In this case, the "client" of the relevant legal department is the BBC and, in most cases, advice will be provided direct to the BBC's commissioning executive or business affairs representative for the programme in question.
However, it is recognised that, because of the nature of your commission from the BBC, you may share a common interest in the subject matter of such advice and it may be appropriate in certain circumstances for that advice to be shared with you or occasionally provided to you direct, even though you are not the client.
It is important therefore for the BBC to ensure that there is no waiver of legal advice privilege as a result of this.
Accordingly, please note that any such advice which is shared with you or provided directly to you is done without waiving your obligations or warranties as mentioned above (unless agreed otherwise in writing) and is done on the following terms:
-
That any such advice is protected from disclosure by common interest privilege; and
-
2. That any such advice is provided in strict confidence and may not be disclosed to any third parties without the express written consent of the BBC.
14. Delivery
Please be aware that "time is of the essence" in relation to the delivery date set out in your production agreement.
This means that you must deliver the programme in accordance with the Commissioning Specification on or before the agreed delivery date set out in the Commissioning Specification, and failure to deliver your programme by this date will mean that your company is in breach of the production agreement.
If you are in any doubt over your ability to deliver your programme on time you should alert the BBC at the earliest opportunity.
Any changes to the delivery date must be pre-agreed with the BBC in writing.
Please note Schedule 3 - Section D of the Programme Production Agreement as regards delivery of Final Paperwork. This should be delivered via email or fax (or faxination) to the relevant Business Affairs Assistant.
Full details of the BBC's technical delivery requirements are contained in your production agreement and on the
delivery website
.
Please note that if a tape as delivered fails its technical review, the cost for a second technical review falls to your company once you have put the problems right.
15. Programme as Completed Forms and Underlying Paperwork
When the production is complete it is necessary to compile various documents (where applicable through the P4A system) such as the transmission form, programme as completed form, music cue sheet, billing, post production script (if applicable), BBC television compliance form, and underlying contracts and agreements. Full details of the BBC's
delivery contacts
and requirements (including timings) are as set out on the
delivery website
and a representative from the appropriate deliveries area will be in touch with you closer to your programme delivery date.
Please note that the underlying paperwork you are required to deliver forms part of the Delivery Items set out in the Programme Production Agreement and that delivery is not complete until they are received and accepted. It should be noted that payment of your final invoice cannot be approved until Business Affairs has accepted all the necessary underlying paperwork.
16. Using BBC Information & Archives
Information and guidance notes relating to the resources available from the BBC's Information & Archives department and how Information and Archives operates with independents is available
here
.
17. Using clips of BBC programmes
If you want to use a clip in your programme taken from another BBC programme (made by the BBC or commissioned from another independent) you are entitled to do so, subject to certain limitations.
Please contact the relevant Genre
Contracts Administrator
for more information.
18. Trade Marks
Under the provisions of your production agreement, certain distribution activities regarding the programme in the UK must carry the BBC logo (General Term 16.2.4).
If you are licensing any of these rights to third parties you are required to ensure that they enter into a Trade Mark licence directly with the BBC for these purposes.
There is a streamlined process to enable you to achieve this, which is explained
here
[PDF, 138Kb] and the Trade Mark documentation you will need is as follows:
-
Trade Mark Information Sheet [
PDF
, 118 Kb] [
Word File
, 55 Kb]
-
Trade Mark Special Terms [
PDF
, 102 Kb] [
Word File
, 48 Kb]
-
Trade Mark General Terms [
PDF
, 220 Kb] [
Word File
, 86 Kb]
19. DPRS
As you probably know from the Producers Rights Agency, with effect from January 2005, PACT has agreed a framework for reimbursement back to broadcasters in relation to the payment made to DPRS in respect of repeats and secondary exploitation of programming.
The reimbursement relates to the element of the payment made by the broadcaster in respect of secondary exploitation, not repeats.
Full details of the re-charge framework is available
here
[PDF, 112Kb].
Please note that:
-
an individual director's membership of the DPRS is irrelevant for the purposes of whether or not an individual project bears a recharge
-
provided that a director
is engaged on a director's contract, EU and non-EU status of the director is also irrelevant
-
the recharge applies to programmes commissioned from both UK and foreign indies.
The amount to be reimbursed to the BBC will be withheld from your final cashflow payment upon acceptance of all deliverables.
You will need to calculate the amount due by reference to the agreed Framework and show this as a deduction on the face of your final invoice as agreed with your BBC Business Affairs manager.
If you have any queries about the Framework, please contact the Producers Rights Agency on 020 7830 6600.
21. Invoicing
Independent companies should invoice according to the agreed stage payments, with due regard to the fact that Steria will take a period of 1-2 weeks to process a payment.
Invoices should be submitted in a form that Steria can process. The guidelines on invoicing are available
here
.
These guidelines cover key points, such as :
-
Invoices should be addressed to the BBC (not the individual contact)
-
Ensure the company address is accurate (i.e. the main address, not a temporary production office)
-
Always quote the bank details for the payment (in most cases, a separate indie production account in the name of the programme)
-
If the invoice is addressed to Steria, BBC Accounts Payable, PO Box 479, Manchester M14 0EJ, please ensure you quote an order number and BBC contact details (i.e. PFM name and extension number)
Progress Reports should either accompany the appropriate invoice, or arrive in time for the invoice to be processed to hit the agreed payment date.
Beware that issues on the progress reports or delays in contract signature or the confirmation of key agreements may mean delays in payment of cashflow if clarification is not received.
Deductions from cashflow should be agreed at the earliest possible point. These would include:
-
recovery of insurance premium
-
Information and Archive charges not covered by the new arrangement for Indies (e.g. Sport Library)
-
IPTF levy (usually on the final invoice)
-
DPRS levy (also on the final invoice)
The IPTF levy should appear on the final invoice as a line after the VAT calculation, i.e. a deduction from the gross sum. If in doubt, ask your BBC finance contact for advice on the form of this final invoice.
Final payment is not released until all delivery paperwork (as set out in Schedule 3 of your programme production agreement) has been received and approved.
Please ensure this paperwork is accurately completed and compiled to avoid delays in payment.
22. Data Protection Guidelines for Indies
updated on
[01 October 08]
These guidelines are aimed at Indies producing programmes for the BBC.
In the course of producing the Programme you may need to collect and process personal data in your own right (as a Data Controller) and/or on behalf of BBC (as a Data Processor).
Here are some examples where you might be dealing with personal data:
-
If you are hosting a website where contributors register with your site and they contribute to message boards or similar offerings
-
If you are promoting BBC content or services directly to the public (eg via an email newsletter)
-
If you are producing a game show and are collecting contact information from potential contestants and contestants
-
If you are running an interactive phone-in or competition and you are keeping a record of the phone numbers of people who have called in
-
If you are inviting contributors to send user generated content, such as photographs or video clips
Where you do it's important that you comply with the PPA, the Data Protection Act ("DPA"), all relevant BBC Guidelines including Editorial Guidelines, and these Guidelines. Please note that there are some circumstances where the BBC will require you to comply with a higher standard of protection of personal data than the DPA.
When you collect personal data in order to produce the Programme you will be considered either a "Data Processor" (where BBC is the "Data Controller"), the sole Data Controller or joint Data Controller (with BBC and possibly others) under the Data Protection Act.
What is a Data Controller?
The Data Controller is a person (individual or company) who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
Where YOU decide what personal information is going to be kept, and the use to which the information will be put, YOU will be the data controller. Where the BBC and You decide the manner in which the data will be processed then You and the BBC will be joint Data Controllers.
Individuals about whom you collect data must be clear that You and not the BBC is the data controller. Further - you will be required to comply with the Data Protection Act 1998.
What is a Data Processor?
The Data Processor is any organisation which processes data on behalf of the Data Controller.
You are the Data Processor if you do not exercise responsibility for or control over the personal data - ie you act on direct instructions from the BBC.
Are we (the Producer and the BBC) Joint Data Controllers?
There are times where both will be the data controllers and the BBC and you jointly decide what personal information is going to be kept, and the use to which the information will be put.
In such cases there may be additional contractual provisions that set out the expectations and limits within which each party may process the personal information.
Your commissioning specification should indicate who is the Data Controller and who is the Data Processor.
What is personal information?
Personal information is any information that relates to a living individual who can be identified:
-
from that information, or
-
from that and other information in your or the BBC's possession or likely to come into your or the BBC's possession.
Personal information can include:
-
an email address or telephone number, collected for example when people enter competitions, sign up for a newsletter or become part of a programme's database of contributors.
-
information about people's personal experiences and opinions we collect for use online, on TV or on radio.
What is sensitive personal information?
Sensitive personal data includes information about: ethnic or racial origin; political opinion; religious or other similar beliefs, e.g. agnosticism, atheism; trade union membership; physical or mental health details; sexual life e.g. sexual orientation; or alleged or proven criminal or civil offences.
Medical information includes disability. Therefore if information is collected about disability access requirements this qualifies as Sensitive Personal Data.
What information can I collect?
You should only request the minimum information necessary. Think about:
-
whether collecting a date of birth is really necessary. Use age or age range instead
-
whether a full post code is necessary. The first part is enough to check what region or area of the country the person lives in
-
whether a full address is necessary. For example, it may be necessary to deliver a prize or an information pack but not for other purposes.
What must I tell people when I'm collecting information about them?
You must be very clear with individuals about
what data
you are collecting and
why
. You should always include a "Use of Data" notice - you must always explain every purpose for which the information will be collected before it is collected. You must also explain who will be holding it ie when you are the Data Processor that it will be your company on behalf of the BBC and mention any other third parties who will have access to or otherwise use the data.
If third parties are to have access to or otherwise use the data their use must always be subject to these guidelines & when you are the Data Processor the BBC's prior knowledge and consent is essential.
Where you are the Data Controller you must ensure that you comply with all the conditions of the Data Protection Act. Please also note your contractual conditions not to bring the BBC into disrepute in any way.
How should I store the data?
You must ensure it is stored securely in accordance with the BBC's Information Security guidelines. These are available online at
http://www.bbc.co.uk/guidelines/dq/contents/information_security.shtml
.
What about sending data overseas?
You must not send personal data outside the European Economic Area without the express written permission of the Information Policy and Compliance department of the BBC. This includes sharing data with any parent or affiliated company and may include functions such as websites that are hosted in the USA.
For how long can I store the data?
Personal information should only be kept for the minimum length of time necessary and appropriate to the uses for which it has been agreed. For example, once a quiz series has ended you won't need to keep personal data in relation to people who applied to be contestants but weren't chosen.
If you need data for auditing purposes, etc, it is acceptable to keep it, but the length of time must be justified by a specific business need.
Do I need to do anything else with the data?
You must ensure where it is necessary to keep the data for more than a short time that you keep the information up to date and accurate. For example, you can provide an email address for individuals to notify of any changes to their details.
What do I do with the personal data once it's no longer of any use?
Once the purpose for which the information has been used has come to an end, it must be disposed of securely as follows:
Manual Data
-
Information should only be deleted/destroyed by those people with the required authority (e.g. for some children's personal information, this information can only be deleted by someone who has passed a criminal records bureau (CRB) check).
-
It is important that manual files including personal information are properly shredded or disposed of as confidential waste. Where personal information can be obtained from the document, it should be shredded or otherwise confidentially disposed of. If you have any questions about how to dispose of manual waste please contact
dpa.officer@bbc.co.uk
or
ism@bbc.co.uk
.
Electronic Data
-
You must ensure that our processes meet the minimum standard for the "destruction of data stored in electronic form" which is that it should be reformatted or overwritten such that all personal information is permanently, completely and irretrievably destroyed. This includes all copies of the data from all systems although there may be circumstances where it is appropriate to retain a copy on back-up systems;
-
You must perform adequate checks after the destruction of electronic data to ensure that all applicable data has been properly deleted;
-
The process of deleting electronic data, and the subsequent audits that this deletion requires, must only be performed by those people who are authorised to access the personal information included in the electronic data (including, where applicable, sensitive personal information) within the third party organisation (e.g. only people who have passed adequate checks to deal with children's information must deal with its deletion)
What if I am engaging a third party to handle personal data for the Programme?
If you are using a third party to process personal information on your behalf you must ensure that they abide strictly by these guidelines and that your contract with them reflects the contractual responsibilities you have with the BBC about the handling of personal data. Third party processors should comply with the specific responsibilities set out in these guidelines relating to data processors.
Can I use the personal data for our other projects or for marketing?
In limited circumstances it may be reasonable to use a database for other BBC projects but this will require the following:
-
Specific and detailed consent from the individuals (refer to Contributors Guidelines)
(e.g. you agree to let us use the details for your participation in this year's Crufts programme. We may wish to approach you using these details inviting you to participate in any other programme about Dog Shows in the next [X] years. If you agree to be contacted for this purpose please check here [
])
-
A mechanism for keeping the personal information up to date and accurate
-
At the end of the specified period the personal information must be deleted
For Data Processors:
You must only use the personal data for the purposes of the Programme and not for any other use. This means that you must not sell, distribute or provide in any other form to any third party this data, except where this is necessary to produce the Programme and you have informed the individual that you will process the data in this manner.
You must not use the data for any other projects with which you're involved. In limited circumstances it may be OK to use a database for other BBC projects but this will require the following:
-
Specific and detailed consent from the individuals (refer to Contributors Guidelines)
(e.g. you agree to let us use the details for your participation in this year's Crufts programme. We may wish to approach you using these details inviting you to participate in any other programme about Dog Shows in the next [X] years. If you agree to be contacted for this purpose please check here [
])
-
A mechanism for keeping the personal information up to date and accurate
-
At the end of the specified period the personal information must be deleted
For Data Controllers:
When you are the sole Data Controller You are responsible for making decisions about how you use the data you collect.
What are the additional requirements if I'm processing sensitive personal data?
In order to process sensitive personal data you will normally need to gain the "explicit consent" of the individuals. This means that your "use of data" notice must be detailed and specific and the individual is seen to understand exactly why and for what the sensitive information is being collected and processed. General consents will not be appropriate in such instances.
Examples of when sensitive personal data is collected include current affairs applications where we may ask for details regarding disabilities, ethnic background, political affiliations or criminal convictions. Sensitive personal data must always be gathered on a very limited basis and access to it very strictly controlled; consider whether everyone on your team needs to see this particular data to carry out their job.
There may be circumstances where if you are collecting personal information specifically for journalistic purposes you may not need the explicit consent of individuals to comply with the Act.
In such cases you must adhere strictly to the editorial guidelines and gain the relevant approvals to conduct activities such as secret filming.
What about children's data?
As with sensitive personal data, we have to be very cautious about the collection of children's personal data and children's ability to give consent for their data to be passed to you and used on the BBC's behalf. If your commission with the BBC will involve the collection and use of children's personal data, the processes for this must be discussed and agreed with the BBC before any data collection starts.
The BBC will often require parental consent when collecting children's data; the nature of this consent will depend on the exact nature of the programme, project or website. You should make sure you consult on a case by case basis with the BBC to ensure the appropriate steps are taken in any situation where children's data is to be collected.
You should contact your BAM in the first instance,
who will ensure that guidance from the BBC's Information Policy and Compliance department is provided for each project either by putting you in contact with the IPC team direct or by liaising with them on your behalf.
For more information, do please read carefully the
Children's Privacy Guidelines here [PDF]
.
Does my company need to notify the Information Commissioner that we will be acting as a Data Processor or Data Controller?
It is extremely likely that your company needs to register with the Information Commissioner just to carry out its own business in any event. If you are acting as a Data Controller it is most likely that you will have to register with the Information Commissioner.
Please refer to the ICO's website for more information about notification: (External)
http://www.ico.gov.uk/what_we_cover/data_protection/notification.aspx
Where can I find more information about Data Protection?
Please remember that you must always rely on your own legal advice and not on that provided by the BBC. However, there are lots of resources on (External)
www.ico.gov.uk
that will tell you about what's happening in the world of Data Protection.
The BBC's Information Policy and Compliance department can be contacted at:
dpa.officer@bbc.co.uk
The BBC's Information Security Team can be contacted at:
ism@bbc.co.uk
23. Relevant Documents and Guidelines
Commissioning Specification [PDF, 98KB]
or
[Word, 294KB]
Health & Safety Questionnaire (UK Independents)
[Word file, 33kb]
PDF Version
[PDF, 103Kb]
Accessing BBC Information and Archives
Invoice Payment
BBC Insurance Scheme Guide
[PDF, 171Kb] updated on
(14 Jan 09)
BBC Insurance Proposal form
[PDF, 33Kb] new on
(14 Jan 09)
DPRS Recharge Framework
[PDF, 112Kb]
Standard Progress Report
[Word file, 34Kb]
PDF Version
[PDF, 65Kb]
HR Policy Guidance
- BBC Good Practice Standards
[PDF, 80Kb] (New)
Audience Services guidelines for ticketing
[PDF, 69Kb] (New)
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