Recital (15)

When sharing sensitive information with members of special negotiating bodies, members of European Works Councils, or employees’ representatives in the framework of an information and consultation procedure, central management can require such information to be shared in confidence and prohibit it from being disclosed further. To prevent the excessive use of such confidentiality restrictions and to align the relevant provisions of Directive 2009/38/EC with the corresponding provisions in Directive 2002/14/EC of the European Parliament and of the Council, confidentiality restrictions should be possible only to protect the legitimate interest of the undertaking concerned. The existence of such a legitimate interest should be assessed on the basis of objective criteria to be laid down in national law. Moreover, when sharing information in confidence, central management should be required to provide at the same time reasons justifying confidentiality. The confidentiality restriction should be applied only for as long as the reasons for confidentiality persist. Setting up adequate arrangements to safeguard the confidentiality of sensitive information can instil trust and facilitate the sharing of such information, while protecting the interests of businesses and workers, including averting growing risks such as industrial espionage.