Data sharing disputes

Co-registrants must make every effort to make sure that the cost of sharing information is determined in a fair, transparent and non-discriminatory way.

As a last resort, if no agreement has been reached, the potential registrant can file a data sharing dispute with ECHA.

When potential registrants submit a data sharing dispute, they must provide documentary evidence showing the efforts made by the negotiating parties to reach an agreement. To ensure equal treatment and the right to be heard, ECHA will also request the other party to provide documentary evidence. These documents form the sole basis for ECHA to handle the dispute.

ECHA will assess the parties' efforts to reach an agreement on the sharing of the data and its costs, also in light of the requirements of Implementing Regulation 2016/9.

After the assessment, ECHA issues a decision granting the potential registrant a permission to refer to the requested data or requesting both parties to continue their negotiations. Non-confidential versions of ECHA's decisions are published online.

In case ECHA issues a decision granting a permission to refer, it will be conditional on a payment of a share of the costs. Proof of the payment must be sent to ECHA within two months from the date of the decision. This proof may take any appropriate form, including a bank statement or a postal order receipt. ECHA does not require an invoice. We recommend that the dispute reference number is indicated in the payment description and that the sum is transferred by or on behalf of the company acting as Claimant.

If a proof of payment is provided by the deadline set, the permission to refer can be used to submit the registration dossier. If no proof of payment is provided within the deadline, ECHA will revoke the conditional decision.

Data sharing dispute decisions are appealable before the Board of Appeal.