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Claiming confidentiality on responsesyour answers

As per the Commission Notice on the rules for access to the Commission file, while answering to the questions in Step 3: Questionnaire, the Principal Addressee and any Collaborators can claim confidentiality for information that can be considered as "business secrets" or "other confidential information".

When can information be considered confidential

All confidential information submitted to the Commission in response to this Request for Information will, without exception, be treated in confidence.

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All other information will not be considered confidential. Information relating to an undertaking but which is already known outside the undertaking (in case of a group, outside the group), or outside the association to which it has been communicated by that undertaking, will not normally be considered confidential. Information that has lost its commercial importance, for instance due to the passage of time, can no longer be regarded as confidential. As a general rule, the Commission presumes that information pertaining to the parties' turnover, sales, market-share data and similar information which is more than 5 years old is no longer confidential.

Warning
titleValidate your confidentiality claims

In Step 4: Review & Send the Principal Addressee has the opportunity to review a stable version of the responses before submitting them to the Commission. Please review the non-confidential version of your answers carefully and ensure that the confidentiality claims have been encoded correctly before submission.

How to claim confidentiality in text answers

Confidentiality in text answers consists of two elements: (a) the highlighted information that warrants protection, and (b) an assigned confidentiality claim which contains the substantiation and non-confidential summary.

After typing your text, select the information for which you would like to claim confidentiality and click on the

Status
titleClaim confidentiality
button.

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In the dialogue box that will appear, provide a substantiation (why is this information confidential) and a non-confidential summary (a representative non-confidential version of the information you are about to redact). Then click

Status
colourBlue
titleAssign claim
.

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After finishing this process, protected text is visibly highlighted in your answer and confidentiality claims appear in the footer of each question. To see the details of your claim, click on the claim number. To reassign the highlight to another claim, click on the chain button.

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You can create multiple confidentiality claims which can also overlap. To delete a confidentiality claim, click on the highlight to select it, and then on the on the

Status
titleRemove highlight
button.

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How to claim confidentiality in non-text answers

Non-text answers cannot be redacted, so there are no highlights. You can only create one confidentiality claim for non-text answers.

To claim confidentiality, for instance, for a multiple choice answer, click on the

Status
subtletrue
titleClaim confidentiality
button in the footer of the question.

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The same dialogue box will appear as for text answers, so that you can create a confidentiality claim or reuse an existing one. After you successfully created a confidentiality claim, it will be visible in the footer of the question. To delete a confidentiality claim, click on the trash icon next to it.

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titleValidate your confidentiality claims

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