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In this act Article 9 of 15

Article 9 — Identification and protection of confidential information

Digital & dataLevel 2Implementing RegulationAI ActIn forceOfficial source

9(1)

1.Unless otherwise provided for in Regulation (EU) 2024/1689 or Article 8 of this Regulation, documents or other information obtained by the Commission for the purposes of proceedings opened pursuant to Article 5(1) of this Regulation shall not be disclosed or made accessible by the Commission in so far as they contain business secrets or other confidential information of any natural or legal person.

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9(2)

2.The Commission shall inform natural or legal persons who are the originators of documents or other information obtained by the Commission for the purposes of proceedings opened pursuant to Article 5(1) of this Regulation that access to those documents or that information may be granted pursuant to Article 8 of this Regulation. Where those persons have voluntarily supplied those documents or that information to the Commission, they agree that access to those documents and that information may be granted pursuant to Article 8.

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9(3)

3.Without prejudice to paragraph 2, the Commission may require natural or legal persons who are the originators of documents in its file to identify the documents, statements, or parts thereof which they consider to contain business secrets or other confidential information and to identify the natural and legal persons in relation to whom that information is considered to be confidential. The Commission may also set a time limit for the natural or legal persons to identify any part of a Commission decision which in their view contains business secrets or other confidential information.

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9(4)

4.The Commission may set a time limit for natural or legal persons to:

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9(4)(a)
(a)substantiate their claims for business secrets and other confidential information for each individual document or part thereof;
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9(4)(b)
(b)provide the Commission with a non-confidential version of the documents in which the business secrets and other confidential information are redacted in a clear and intelligible manner;
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9(4)(c)
(c)provide a concise, non-confidential description of each piece of redacted information.
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9(5)

5.If a natural or legal person fails to comply with paragraphs 3 and 4, the Commission may consider that the information concerned does not contain business secrets or other confidential information.

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9(6)

6.If the Commission determines that certain information that is claimed to be confidential by a natural or legal person may be disclosed, either because this information does not constitute a business secret or other confidential information, or because there is an overriding interest in its disclosure, it shall inform the natural or legal person that it intends to disclose such information unless it receives objections within one week. Should the natural or legal person in question object, the Commission may adopt a reasoned decision specifying the date after which the information will be disclosed. This date shall not be less than one week from the date of notification. The decision shall be notified to the natural or legal person concerned.

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