Master Alliance Provisions Guide (MAPGuide)

IMI 2 Model Grant Agreement

  • Information sharing & data safety | Confidentiality
  • Information sharing & data safety | Exceptions and limitations to the confidentiality obligations

36. Confidentiality

36.1 General Obligation to maintain confidentiality

During implementation of the action and for four years after the period set out in Article 3, the parties must keep confidential any data, documents or other material (in any form) that is identified as confidential at the time it is disclosed (“confidential information”).

If a beneficiary requests, the JU may agree to keep such information confidential for an additional period beyond the initial four years.

If information has been identified as confidential only orally, it will be considered to be confidential only if this is confirmed in writing within 15 days of the oral disclosure.

Unless otherwise agreed between the parties, they may use confidential information only to implement the Agreement.

The beneficiaries may disclose confidential information to their personnel or third parties involved in the action only if they: (a) need to know to implement the Agreement and (b) are bound by an obligation of confidentiality.

The JU may disclose confidential information to its staff, other EU institutions and bodies or third parties, if: (a) this is necessary to implement the Agreement or safeguard the EU’s or JU’s financial interests and (b) the recipients of the information are bound by an obligation of confidentiality.

The confidentiality obligations no longer apply if: (a) the disclosing party agrees to release the other party; (b) the information was already known by the recipient or is given to him without obligation of confidentiality by a third party that was not bound by any obligation of confidentiality; (c) the recipient proves that the information was developed without the use of confidential information; (d) the information becomes generally and publicly available, without breaching any confidentiality obligation, or (e) the disclosure of the information is required by EU or national law.