EIC Awardees and Non-Disclosure Obligations

This article outlines the obligations and rights of EIC Awardees regarding confidential information as detailed in their agreements with the EIC Agency. The European Innovation Council (EIC) plays a crucial role in fostering innovation across Europe, and as part of this initiative, EIC Awardees must navigate the complexities of confidentiality while pursuing opportunities such as the EIC Accelerator, EIC Pathfinder, and EIC Transition funding.

Parties Involved

In the context of the EIC framework, several parties are pertinent:

• Other EIC Awardees, bound by an EIC grant agreement or EIC contract that refers to or includes obligations detailed in Section 2.2. These agreements ensure that collaborative efforts align with the overarching goal of innovative growth.
• EIC inventors who have signed a non-disclosure agreement with the Agency, which encompasses obligations outlined in Section 2.2. This includes inventors from various sectors, including deep-tech and startups, who contribute significantly to the European innovation landscape.
• Other members of the EIC Community platform, established in a Member State or an Associated Country, who have also signed a non-disclosure agreement with the Agency. This community fosters collaboration and networking among innovators, enhancing the success rate of projects.

Disclosure Requests

If any of the aforementioned entities request disclosure or access to confidential data and results, the EIC Awardee may refuse based on legitimate interests. These interests can include, but are not limited to:

• Commercial exploitation, ensuring that the innovations developed can lead to viable business models.
• Data protection regulations, safeguarding personal and sensitive data in compliance with EU laws.
• Privacy considerations, particularly pertinent for startups dealing with customer or user data.
• Confidential information protection, which is essential in maintaining competitive advantage.
• Trade secrets, which are vital for the preservation of intellectual property and innovation.
• Union competitive interests, ensuring that the projects funded by EIC grants do not disadvantage other entities within the EU market.
• Security regulations, especially significant for projects related to critical technologies.
• Intellectual property rights, ensuring that innovations are protected before they are disclosed publicly.

Objections to Disclosure Obligations

EIC Awardees may object to the disclosure obligations provided under the previous section when:

• They commit to publishing, patenting, or protecting the information by any other intellectual property right without unreasonable delays. This commitment reflects the need to secure rights in an era of fast-paced innovation.
• They can demonstrate concrete exploitation of the preliminary findings and results, which may include commercial partnerships, pilot projects, or other forms of market engagement, subject to initial discussions and final agreement with the Agency on the corresponding updates to the Plan for dissemination and exploitation as described in Section 3.1.

Non-Disclosure Obligations (Section 2.2)

When EIC Awardees receive confidential information regarding preliminary findings, results, or other intellectual property generated through EIC actions, they must adhere to the following non-disclosure obligations:

• Maintain strict confidentiality of the information, a crucial aspect of protecting innovations from being misused or improperly disclosed.
• Not disclose the information to any person without prior written consent from the owner, and only under confidentiality conditions that match those provided in this section, which may involve detailed legal frameworks.
• Employ the same degree of care to protect the confidentiality of the information as they would with their own confidential information of a similar nature. This principle reinforces the idea that EIC Awardees are stewards of valuable data.
• Act in good faith at all times, fostering an environment of trust and collaboration within the EIC ecosystem.

Best Practices for EIC Awardees

To navigate the complexities of non-disclosure obligations effectively, EIC Awardees should consider the following best practices:

• Engage in proactive communication with the EIC Agency and other Awardees to clarify expectations and responsibilities early in the project lifecycle.
• Utilize EIC coaching services to understand the legal implications of confidentiality and how to best protect their innovations.
• Stay informed about EIC Accelerator funding opportunities and how non-disclosure relates to the success of funding applications.
• Leverage case studies of successful EIC Awardees to understand how they managed confidentiality while achieving commercialization milestones.

Conclusion

The journey of EIC Awardees is marked by innovation, collaboration, and the effective management of confidential information. By understanding their obligations and the rights they hold under the EIC framework, Awardees can contribute significantly to the European innovation landscape while protecting their interests and fostering a collaborative ecosystem. As we move towards 2025, and with upcoming deadlines for the EIC Accelerator application, it is crucial for startups to align their strategies accordingly and leverage the resources available through the EIC Community.

For those looking to explore EIC funding further, understanding how to apply for the EIC Accelerator, including the evaluation criteria and funding eligibility, can be instrumental in securing non-dilutive funding for innovative projects. Ultimately, well-prepared applications that adhere to best practices have a higher chance of success, paving the way for groundbreaking advancements in technology and business.