Protecting Confidential MSDS Information

Safety Data Sheets (SDSs), formerly commonly referred to as Material Safety Data Sheets (MSDSs), are a fundamental hazard-communication tool. They provide information concerning chemical hazards and the measures required for appropriate handling, storage, exposure control, emergency response, transport, and disposal.

An SDS is a regulatory safety document. It is not intended to disclose the complete proprietary formulation of a chemical product beyond the compositional and other information required by the applicable regulatory framework.

What is a Safety Data Sheet (SDS)?

Safety Data Sheets communicate information concerning the hazards and safe use of chemical substances and mixtures.

The internationally recognized SDS format contains 16 sections covering subjects such as:

identification of the substance or mixture and supplier;
hazard identification;
composition and information on ingredients;
first-aid measures;
fire-fighting measures;
accidental-release measures;
handling and storage;
exposure controls and personal protection;
physical and chemical properties;
stability and reactivity;
toxicological information;
ecological information;
disposal considerations;
transport information;
regulatory information; and
other information, including revision information.

The exact legal requirements applicable to an SDS depend on the jurisdiction in which the chemical is supplied.

About the United Nations Globally Harmonized System (GHS)

The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) was developed within the United Nations framework to harmonize criteria for chemical hazard classification and hazard communication, including labels and Safety Data Sheets.

The GHS itself is an international framework rather than a single worldwide chemical law. Countries and regions implement GHS principles through their own legislation and may adopt different editions, requirements, or implementation provisions.

The most recent edition currently published by the United Nations is the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Eleventh Revised Edition, 2025.

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Confidential business information and Safety Data Sheets

Chemical regulations may permit certain proprietary compositional information to receive confidential-business-information or trade-secret protection. However, the applicable mechanisms and conditions differ between jurisdictions.

Protection of proprietary information does not create a general right to omit any information required by applicable chemical-safety or hazard-communication legislation.

In particular, protection of confidential business information must not prevent disclosure of the hazard, precautionary, exposure-control, first-aid, emergency, or other safety information required by the applicable regulatory framework.

European Union: REACH and CLP

Within the European Union, Safety Data Sheets are principally governed by Regulation (EC) No 1907/2006 (REACH), including the requirements of Annex II, together with the classification and labelling framework established by Regulation (EC) No 1272/2008 (CLP).

REACH establishes when an SDS must be supplied and the information that must be included. The SDS must enable its users to understand the hazards of the substance or mixture and obtain information concerning appropriate storage, handling, exposure control, and disposal.

Where substances or ingredients must be identified in an SDS, the applicable disclosure requirements must be followed.

EU legislation nevertheless provides mechanisms for protecting qualifying confidential business information in specific circumstances. Under the CLP Regulation, a supplier may request authorization to use an alternative chemical name for a substance contained in a mixture where the applicable legal conditions are satisfied.

This mechanism protects qualifying confidential business information without eliminating the hazard-communication obligations required for safe use of the mixture.

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Language requirements for EU Safety Data Sheets

Within the European Union, an SDS must be supplied in an official language of the Member State or Member States where the substance or mixture is placed on the market, unless the Member State concerned provides otherwise.

Consequently, the language requirements applicable to an SDS are determined by the relevant regulatory framework and market and cannot be replaced solely by a contractual agreement between supplier and customer.

United States: OSHA Hazard Communication Standard

In the United States, the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard, 29 CFR 1910.1200, requires chemical manufacturers, distributors, or importers to provide Safety Data Sheets for hazardous chemicals supplied to downstream users.

OSHA updated the Hazard Communication Standard in 2024, including revisions affecting Safety Data Sheet information and the treatment of concentrations or concentration ranges claimed as trade secrets.

Under the OSHA framework, qualifying trade-secret information may be protected where the applicable requirements are satisfied. Where chemical identity, concentration, or concentration-range information is withheld as a trade secret, the requirements of the Hazard Communication Standard concerning trade-secret claims and SDS disclosure must be followed.

Trade-secret protection does not remove the obligation to communicate applicable hazards and other required safety information, and mandatory disclosure requirements may apply in occupational-health, medical, emergency, or regulatory circumstances.

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3Dresyns proprietary formulations

3Dresyns develops proprietary chemical formulations and related technical know-how that may qualify for protection as confidential information or trade secrets.

3Dresyns protects proprietary compositional information to the fullest extent permitted by the regulatory framework applicable to each Product and market.

Accordingly, an SDS does not disclose the complete formulation of a 3Dresyns Product merely because the complete formulation exists or because a customer requests it.

Ingredients, chemical identities, concentrations, concentration ranges, and other compositional information are disclosed where and to the extent required by the applicable regulatory framework. Information that is not required to be publicly disclosed may remain confidential where legally permitted.

Where a specific legal mechanism, authorization, alternative chemical name, trade-secret designation, or other regulatory condition is required in order to protect particular information, the applicable requirements must be satisfied.

Hazard information remains available

Protection of proprietary formulation information does not remove the obligation to communicate the hazard and safety information required by applicable law.

Where an SDS is required, 3Dresyns provides the applicable hazard-communication information required for the relevant Product and jurisdiction, including the classifications, precautionary information, handling and storage guidance, exposure-control information, and emergency information required under the applicable regulatory framework.

The information provided reflects the applicable regulatory requirements and the information available when the SDS is prepared or revised.

Requests for additional compositional information

An SDS is not intended to provide unrestricted access to the complete proprietary formulation of a Product.

A commercial, research, analytical, or general-interest request for complete composition does not, by itself, create an entitlement to receive proprietary formulation information.

Where additional compositional information is required for a legitimate regulatory, occupational-health, medical, emergency, poison-centre, Customs, conformity, or other legally recognized purpose, 3Dresyns will evaluate and respond to the request in accordance with the applicable legal framework.

Where legally permissible, confidential information may be disclosed subject to appropriate confidentiality protections or restrictions on use.

Where disclosure is legally mandatory, the applicable disclosure obligation prevails over the confidential or trade-secret status of the information.

Safety Data Sheets do not transfer intellectual property rights

Information disclosed in an SDS for regulatory or safety purposes does not transfer ownership of the Company's proprietary formulations, trade secrets, know-how, intellectual property, or confidential technical information.

Use of 3Dresyns Products and technical information remains subject to the Company's applicable Confidentiality, Prohibition against reverse engineering and penalties, and other Legal Terms.

Summary

3Dresyns follows two complementary principles:

Safety and regulatory information required by applicable law must be disclosed and communicated appropriately.
Proprietary formulation information that is not required to be publicly disclosed may remain confidential and protected as a trade secret where permitted by applicable law.

These principles allow appropriate hazard communication while protecting legitimate proprietary formulation technology and know-how.

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Continue with SDS and regulatory information

Use these 3Dresyns resources to continue from the technical information on this page to material selection, documentation or implementation support.