Transparency and Confidentiality in dealing with the specific instances

 

 Transparency is a general principle of the NCPs’ conduct.

When the NCP receives a specific instance, it discloses this fact and the outcomes of the procedure are always public. The primary means of disclosure of the NCP' is its own website ,the NCP also informs the OECD about the evolution of the specific instances and this information is published on the OECD website and database.

Nevertheless, it remains important to strike a balance between transparency and confidentiality in order to build confidence in the Guidelines procedures and to promote their effective implementation.

The NCP takes appropriate steps to protect sensitive information of the enterprise and of all the parties involved in the specific instance. in the relations between them and towards third parties. When publishing information on its website, the NCP may decide to keep the identity of one or more parties confidential.

The NCP, the parties involved and anyone who, during the procedure, will enter in possession of information such as the identity of the individuals involved in the proceeding, personal data, sensitive business infroamtion and other information identified by the NCP on a case-by-case basis, are required not to disclose them, even after the conclusion of the procedure.

During the procedure and after its conclusion,the NCP, the parties and any other stakeholder involved are required to respect in good faith the confidentiality of the procedure, not disclosing the documents, the facts, the arguments and any other information submitted or formed during the procedure,in order to protect the privacy of the parties .

The parties may inform the persons they represent about the works’ progress, without prejudice to the confidentiality obligations that, in this case, also extend to the persons represented.

During the phase of assistance to the parties, the parties will also have to abstain from publicising the issues addressed and commenting them in public or on the media, in order to foster a peaceful and profitable climate for the resolution of the issues..

At the end of the procedure, if the parties reach agreement on the issues raised, they should address in that agreement how and to what extent the content of the agreement is to be made publicly available. If, on the other hand, they have not agreed on a resolution of the issues raised, they are free to communicate about and discuss these issues.

However, information and views provided during the proceedings by another party involved will remain confidential, unless that other party agrees to their disclosure or this would be contrary to the provisions of national law. Equally, sensitive business information and data and information relating to individuals,, according to NCP’s directions, will remain confidential, unless the parties to whom the information and data refer will not accept the disclosure, and unless keeping them confidential would be contrary to the provisions of national law. 

The violation of any confidentialiy obligation of the parties, assuming the meaning of noncooperation to the completion of the good offices, could be the cause of early termination of the procedure before the NCP.