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Competition Policy

eConfidentiality

eConfidentiality is a new online IT tool designed to host and orchestrate the confidentiality negotiations process in a secure workspace.

eConfidentiality is available here

Who can use eConfidentiality?

eConfidentiality is open to all parties in antitrust and cartel proceedings run by DG Competition.

What benefits does eConfidentiality provide?

Parties can use eConfidentiality to claim confidentiality on documents when DG Competition intends to give access to the file or publish a decision. eConfidentiality provides a platform to submit, substantiate and negotiate confidentiality claims with DG Competition. eConfidentiality supports the entire process up to the registration of final non-confidential documents, free of business secrets and other confidential information. The system automates and streamlines the process in a secure workspace.

eConfidentiality is a user friendly platform. It provides a comprehensive list of documents on which to claim confidentiality, with smart filter options and gives a clear overview of the status of the negotiations.

eConfidentiality avoids the exchange of claims, assessments and confidential information via password protected DVDs, email or telephone. It streamlines the communication in a protected environment, manages steps and deadlines and reduces the risk of inadvertently disclosing confidential information.

It is no longer necessary for the parties and DG Competition to align their agendas as eConfidentiality allows both sides to work in a streamlined fashion. eConfidentiality is available online 24 hours a day, 7 days a week.

eConfidentiality in practice

Parties start by adding confidentiality claims and substantiating those claims on documents made available to them by DG Competition in eConfidentiality. Upon their submission, DG Competition assesses the claims and accepts or rejects them. A rejected claim is sent back to the party with a reason for rejection. The party can modify the claim to reach a common understanding with DG Competition.

The final non-confidential version can be generated once a document has all claims accepted. After a final check by DG Competition and the party, the final document(s) are included in the case file.

It is highly recommended to watch the tutorials before starting using the system. Video tutorials are available here.

How to access eConfidentiality?

To access eConfidentiality the first time, users must create an EU Login account (or use an existing EU Login account). An EU Login must be created individually using two-factor authentication. A user guide is available here.

Users must then liaise with the case team indicating the email address linked to their EU Login account with which they intend to access the eConfidentiality case. This ensures that only authorised users have access to the relevant case.

Registered users can then login to the eConfidentiality case.

Background

eConfidentiality is part of a family of online digital solutions supported by the ISA[1] programme that will be gradually set up between 2019 and 2021 to facilitate the sending of confidential documents (eTrustEx exchange platform), the submission of leniency, settlement or cooperation documents of confidentiality claims (eLeniency) and of requests for information (eRFI).

eConfidentiality is hosted in an environment specifically created for information or material the Commission must protect because of legal obligations laid down in the Treaties or in acts adopted in implementation thereof, and/or because of its sensitivity.

Use of the eConfidentiality system is voluntary but recommended. The case team will propose to the parties to use the system. In case of refusal, parties can continue to claim confidentiality using the current procedure.

 

[1] The ISA Programme supports the development of digital solutions for the modernisation of public administrations. The solutions developed enable public administrations, businesses and citizens in Europe to communicate digitally saving time and costs for all parties involved.