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GHS requirements for confidentiality of ingredients in SDS

Posted Date:2025/1/14

Specific provisions for the protection of confidential business information may differ among systems in accordance with national law and practice. However, they should be consistent with the following general principles:

(a) For information otherwise required on labels or safety data sheets, confidential business information claims should be limited to the names of substances, and their concentrations in mixtures. All other information should be disclosed on the label and/or safety data sheet, as required;

(b) Where confidential business information has been withheld, the label or safety data sheet should so indicate;

(c) Confidential business information should be disclosed to the competent authority upon request. The competent authority should protect the confidentiality of the information in accordance with applicable law and practice;

(d) Where a medical professional determines that a medical emergency exists due to exposure to a hazardous substance or mixture, mechanisms should be in place to ensure timely disclosure by the supplier or employer or competent authority of any specific confidential information necessary for treatment. The medical professional should maintain the confidentiality of the information;

(e) For non-emergency situations, the supplier or employer should ensure disclosure of confidential information to a safety or health professional providing medical or other safety and health services to exposed workers or consumers, and to workers or workers' representatives. Persons requesting the information should provide specific reasons for the disclosure, and should agree to use the information only for the purpose of consumer or worker protection, and to otherwise maintain its confidentiality;

(f) Where non-disclosure of confidential business information is challenged, the competent authority should address such challenges or provide for an alternative process for challenges. The supplier or employer should be responsible for supporting the assertion that the withheld information qualifies for confidential business information protection.