Kako treba i ne treba postupati u pregovorima o razmjeni podataka

These Dos and Don'ts can help make negotiations successful.


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.

Ensure that the contact details stated on REACH-IT are valid and regularly monitored.

Give access rights to your functional mailboxes etc. only to your consultants. 

Starting the negotiations
Engage with a cooperative and problem-solving attitude.

Be polemic or aggressive in your negotiations.

 Make clear and unambiguous requests. Clarify what you need and indicate your timelines for completing parts or all of the negotiations.

Expect that your negotiating partner will guess and accommodate your unexpressed needs.

Clarify your status (importer, manufacturer) and role (only representative, Lead Registrant, consultant), when needed.

Create false impressions as to your power to conduct negotiations.


Be concise and to the point. Be sensitive to cultural differences and language proficiency. Avoid ambiguity in your messages.

Express yourself ambiguously.

Be reliable, consistent and open in all negotiations.

Change your request or position without explaining it.

Act within the deadlines set by the law or yourself. Remind of your time constraints if necessary.

Give an unreasonable timeframe in which to complete the negotiations.

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.