- 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.
|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.
✓ 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.|