Recital (15)

Chemicals data and information generated as a result of obligations laid down by Union legal acts on chemicals could contain commercially sensitive information or be protected under those Union legal acts by confidentiality claims on confidential business information. The public dissemination of such data could affect the commercial interests of private parties. To ensure legal certainty and predictability for duty holders and to protect their legitimate expectations, as well as to ensure the industry’s competitiveness on the internal market, the ECHA, as a manager of the common data platform, should grant differentiated access rights to the data and information contained in the common data platform. To that end, the Authorities should have full access to all chemicals data and information contained in the common data platform, also in machine-readable formats, including access to all confidential information and information that is not made available to the public. In contrast, other parties should not have access via the common data platform to confidential data or to data that are not made available to the public under the originating Union act as they could contain commercially sensitive information and the confidentiality of those data has not been assessed. Nevertheless, all parties should maintain the right to request access to any data contained in the common data platform in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council.