Can a safety data sheet be a confidential document?

This question surprisingly often comes up, mainly when someone is reluctant to share the Safety Data Sheet (SDS) with a customer or partner.

Let's clear this up once and for all.

The basic rule is: the information provided in the SDS is not confidential. It cannot be marked as confidential. Therefore, you cannot withhold this information from your customers or users of your products.

There are regulations on what information must be included and in what format. This does not include detailed formulation data, which is always a sensitive topic.

In certain cases, it is possible to "hide" only the chemical name in the SDS.

If a product contains hazardous substances above a certain concentration (usually 0.1% or 1%), they must be listed in section 3 of the SDS. We cannot hide them, but we can obscure them with an alternative chemical name. This is the case when, instead of the exact name of the substance, we only state the basic functional group (e.g., alcohol).

However, this kind of obfuscation has its limits. The more hazardous the chemical or ingredient, the harder it is to obscure the chemical name. Formaldehyde, for example, cannot be hidden under another name or omitted from the composition in section 3 of the SDS.

It's important to note: the use of an alternative chemical name must be approved by the European Chemicals Agency (ECHA). The company requesting this approval must demonstrate that disclosing the chemical identity of the substance would compromise the confidentiality of its business (especially intellectual property rights).

So, the conclusion is clear: the SDS cannot be a confidential document for users and handlers of a chemical. It must also be available to relevant authorities and healthcare professionals in accordance with regulations.

So why are some companies reluctant to share the SDS?

It's a business decision on how to approach sharing the SDS with partners.

Some companies send the SDS only to direct customers. Others publish them publicly on their website. Both approaches are allowed, and each has its pros and cons.

Open publication means that customers, partners, and distributors can download the document themselves, anytime and from anywhere. Customers can thoroughly examine your product before purchase to determine if it suits their intended use.

The downside of this system is that you've made the document accessible to competitors as well, since you can't control who accesses it.

Providing only on request gives you control over who has access to the documentation. But it is an administrative burden for your employees, and customers cannot independently research, which might deter them from purchasing.

If you're interested in more details on this topic, my colleague Simona Miklavčič has written extensively about these two systems of sending SDS.

The way you choose to distribute your SDS is entirely your choice. But always keep this in mind: you must never refuse to provide the SDS to a professional buyer.

You can read about who is obligated to provide the SDS, to whom, and when, in this article.

If you have questions about the SDS, or need help creating these documents, write to me at nina.pajovic@bens-consulting.eu.