Acceptance of 3Dresyns non disclosure of confidential compositional information in Material Safety Data Sheets MSDSs
Confidential compositional information in Material Safety Data Sheets (MSDSs)
3Dresyns by Resyner Technologies S.L. (the “Company”) supplies Safety Data Sheets (SDSs), formerly commonly referred to as Material Safety Data Sheets (MSDSs), in accordance with the regulatory requirements applicable to the relevant Product, market, and supply situation.
Safety Data Sheets are regulatory hazard-communication documents. They are not intended to disclose the complete proprietary formulation of a Product beyond the information required by applicable law.
Protection of confidential compositional information
3Dresyns Products may contain proprietary formulations, compositional information, and know-how that qualify for protection as Confidential Information or trade secrets.
The Company seeks to protect such proprietary compositional information to the fullest extent permitted by applicable chemical, occupational-safety, trade-secret, and other relevant laws.
Specific chemical identities, exact concentrations, concentration ranges, or other compositional details may therefore be protected or presented using legally permitted mechanisms only where the requirements of the applicable regulatory framework are satisfied.
Nothing in this policy authorizes the Company to withhold information that applicable law requires to be disclosed in a Safety Data Sheet or otherwise communicated to a customer, worker, health professional, competent authority, poison centre, regulatory body, or other legally entitled recipient.
European Union Safety Data Sheets
For Products subject to European Union chemical legislation, Safety Data Sheets are prepared and supplied in accordance with the applicable requirements of Regulation (EC) No 1907/2006 (REACH), Regulation (EC) No 1272/2008 (CLP), and other applicable legislation.
Where applicable law requires disclosure of substances, substance identifiers, concentration information, hazard classifications, exposure information, or other information in an SDS, the required information will be provided in accordance with the applicable regulatory requirements.
Where permitted under the CLP Regulation, confidential business information may be protected through legally available mechanisms, including an authorized alternative chemical name where the applicable requirements and approval procedures are satisfied.
The protection of proprietary formulation information does not override mandatory disclosure obligations under REACH, CLP, or other applicable legislation.
United States Safety Data Sheets
Where Products are supplied under the United States OSHA Hazard Communication framework, Safety Data Sheets are prepared in accordance with the applicable requirements of 29 CFR 1910.1200.
Where legally permitted, qualifying trade-secret information may be withheld from the SDS in accordance with the applicable OSHA requirements, including the required indication that specific chemical identity and/or concentration information has been withheld as a trade secret.
Any such protection remains subject to mandatory disclosure requirements applicable to occupational health professionals, employees, designated representatives, OSHA, or other legally entitled persons, including applicable emergency-disclosure requirements.
Language of Safety Data Sheets
The Company may maintain English-language SDS documentation as part of its technical documentation system.
However, the language in which an SDS must legally be supplied is determined by the regulatory requirements applicable to the country or territory where the Product is placed on the market.
Within the European Union, where REACH requires an SDS to be supplied in an official language of the Member State in which the Product is placed on the market, the applicable language requirement shall prevail unless the relevant Member State provides otherwise.
For the United States, SDS documentation subject to the OSHA Hazard Communication Standard is supplied in English as required by the applicable OSHA rules. Additional language versions may also be provided where appropriate.
No provision of the Company's Legal Terms or acceptance by a Buyer shall be interpreted as waiving a mandatory regulatory language requirement.
Safety and hazard information
The protection of confidential formulation information does not relieve the Company of its obligation to provide the hazard and safety information required by applicable law.
Where an SDS is legally required, it will contain the applicable information required for the relevant Product and regulatory framework, which may include:
- Product and supplier identification;
- hazard identification and classification;
- composition or ingredient information required by applicable law;
- first-aid measures;
- fire-fighting measures;
- accidental-release measures;
- handling and storage information;
- exposure controls and personal protection information;
- physical and chemical properties;
- stability and reactivity information;
- toxicological information;
- ecological, disposal, transport, and regulatory information where required by the applicable SDS framework; and
- other information required by the applicable regulatory regime.
The information provided reflects the applicable regulatory requirements and the information available to the Company when the SDS is prepared or revised.
No complete-formulation disclosure
An SDS is not a specification sheet for disclosure of the complete formulation of a Product.
The absence from an SDS of ingredients, exact concentrations, or other formulation information that applicable law does not require to be publicly disclosed shall not, by itself, mean that the SDS is incomplete or non-compliant.
Conversely, where applicable law requires specific compositional or other information to be disclosed, this policy does not authorize its omission.
Requests for additional compositional information
A request for the complete proprietary formulation of a Product does not create an automatic right to receive that information.
Where additional compositional information is requested for a legitimate regulatory, medical, occupational-health, safety, Customs, or other legally recognized purpose, the Company will evaluate the request under the applicable regulatory framework.
Where legally permissible, additional confidential information may be provided subject to appropriate confidentiality protections, restrictions on use, or a Non-Disclosure Agreement.
Where disclosure is mandatory, the Company will comply with the applicable legal requirements notwithstanding the confidential or trade-secret nature of the information.
Competent authorities and emergency disclosure
Nothing in this policy prevents or restricts disclosure of information to a competent authority, occupational-health professional, medical professional, poison centre, emergency-response body, court, or other person legally entitled to receive such information where disclosure is required by applicable law.
Where legally permitted, the Company may request appropriate measures to protect the confidentiality and restricted use of proprietary information disclosed for such purposes.
Buyer responsibilities
The Buyer is responsible for reviewing the SDS and other applicable Product safety documentation before handling or using a Product and for complying with the occupational-safety, storage, handling, disposal, workplace, and regulatory obligations applicable to the Buyer's activities.
Where the Buyer redistributes, imports, relabels, reformulates, or otherwise places a Product on another market, the Buyer is responsible for determining and complying with any additional obligations applicable to its own activities, except for obligations that applicable law expressly places on the Company.
Relationship with confidentiality and trade-secret protections
Provision of information in an SDS does not waive the Company's intellectual property rights, trade-secret protections, or contractual confidentiality rights in information that remains proprietary and confidential.
This policy must be read together with the Company's Confidentiality policy, Prohibition against reverse engineering and penalties, Terms & Conditions, and other applicable Legal Terms.
Further information
For further information concerning protection of compositional information in Safety Data Sheets, please refer to About protecting confidential compositional information in Safety Data Sheets (SDSs).
Mandatory regulatory requirements
Nothing in this policy excludes, restricts, modifies, or overrides any mandatory chemical-safety, hazard-communication, occupational-health, environmental, disclosure, language, or other regulatory requirement applicable to the Product or the market in which it is supplied.