| Dos |
Don'ts |
| 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.
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✓ Ensure that the contact details stated on REACH-IT are valid and regularly monitored.
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✗ Give access rights to your functional mailboxes etc. only to your consultants.
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| Starting the negotiations |
| ✓ Engage with a cooperative and problem-solving attitude. |
✗ Be polemic or aggressive in your negotiations.
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✓ Make clear and unambiguous requests. Clarify what you need and indicate your timelines for completing parts or all of the negotiations.
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✗ Expect that your negotiating partner will guess and accommodate your unexpressed needs.
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✓ Clarify your status (importer, manufacturer) and role (only representative, Lead Registrant, consultant), when needed.
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✗ Create false impressions as to your power to conduct negotiations.
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| Communication |
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✓ Be concise and to the point. Be sensitive to cultural differences and language proficiency. Avoid ambiguity in your messages.
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✗ Express yourself ambiguously.
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✓ Be reliable, consistent and open in all negotiations.
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✗ Change your request or position without explaining it.
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✓ Act within the deadlines set by the law or yourself. Remind of your time constraints if necessary.
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✗ Give an unreasonable timeframe in which to complete the negotiations.
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| ✓ 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. |
