- ECHA
- Support
- Registration phases
- 3. Get organised with your co-registrants
- Joining an existing joint submission
- Dos and Don'ts for data sharing negotiations
Dos and Don'ts for data sharing negotiations
These Dos and Don'ts can help make negotiations successful.
| Dos | Don'ts | ||
|---|---|---|---|
| Before the negotiations | |||
| ✓ Establish and maintain clear contact details, if possible a functional electronic mailbox to ensure business continuity. | ✗ Expect that only one person in your organisation will handle data-sharing negotiations. | ||
| ✓ Ensure that the contact details stated on REACH-IT are valid and regularly monitored. | ✗ Give access rights to your functional mailboxes etc. only to your consultants. | ||
| Starting the negotiations | |||
| ✓ Engage with a cooperative and problem-solving attitude. | ✗ Be polemic or aggressive in your negotiations. | ||
| ✓ Make clear and unambiguous requests. Clarify what you need and indicate your timelines for completing parts or all of the negotiations. | ✗ Expect that your negotiating partner will guess and accommodate your unexpressed needs. | ||
| ✓ Clarify your status (importer, manufacturer) and role (only representative, Lead Registrant, consultant), when needed. | ✗ Create false impressions as to your power to conduct negotiations. | ||
| Communication | |||
| ✓ Be concise and to the point. Be sensitive to cultural differences and language proficiency. Avoid ambiguity in your messages. | ✗ Express yourself ambiguously. | ||
| ✓ Be reliable, consistent and open in all negotiations. | ✗ Change your request or position without explaining it. | ||
| ✓ Act within the deadlines set by the law or yourself. Remind of your time constraints if necessary. | ✗ Give an unreasonable timeframe in which to complete the negotiations. | ||
| ✓ Keep written records of all steps of the negotiations, every email, call and meeting. | ✗ Disclose confidential or commercially sensitive information. | ||
| ✓ Explain your constraints, needs and motivations. | ✗ Leave the other party struggling, if you can tell that there is an element, which it has not understood. | ||
| ✓ Treat the company/person you are negotiating with as you would expect to be treated. | ✗ Adopt an inflexible attitude. | ||
| Addressing the object of the negotiations | |||
| ✓ Be sensitive to the capacity, size and situation of the party you are negotiating with. | ✗ Ignore or underestimate the efforts (time, resources, etc.) that can be involved in the negotiations. | ||
| ✓ Give the other party a fair and reasonable amount of time to reply to you. | ✗ Cause unnecessary delays. | ||
| ✓ Reply promptly to all reasonable requests/questions/communications. | ✗ Ignore issues raised. | ||
| ✓ Base negotiations on the data and their value. Provide non-commercially-sensitive information which your negotiating partner considers relevant to data valuation. | ✗ Negotiate the price without considering objective criteria. | ||
| ✓ Assess critically each information you receive during negotiations. | ✗ Stay silent when you disagree with something. | ||
| ✓ In case of disagreement with the proposed offers, data valuation methodology or other issues, propose alternative routes to find agreement. Be open to the alternatives proposed by your negotiating partner. | ✗ Refuse to negotiate or to explore alternatives. | ||
| ✓ Know the obligations under REACH and Implementing Regulation 2016/9. Justify claims on that basis. | ✗ Ignore your data sharing obligations. | ||
| ✓ Provide a notice before submitting a dispute claim. | ✗ Submit a dispute claim without warning your counterpart. | ||
Categories Display
Route: .live1
