K-REACH: How to get approval to protect confidential business information

Ministry of Environment (MoE) in South Korea announced detailed rules for companies that do not want to disclose confidential business information under K-REACH. These new rules outline processes to get approval from the MoE along with official forms, which will come into force on 16 January 2021.

Businesses need to make an application to get approval. The application shall include reasons for not disclosing chemical information, and proof justifying the reasons. Approval is not required in cases where non-disclosure is already approved under the same rules or the Occupational Safety and Health Act (OSHA). Although non-disclosure is approved, businesses still need to provide substitute information in an MSDS if required.

Once an application is received, the Information Review Committee will check and evaluate the validity of the application, then provide the result within 30 days. The Committee might ask for additional information or interview. Applicants should respond to the Committee’s request, otherwise, the application will be withdrawn. In case the application is rejected, the applicant can appeal within 15 days after they received the result.

The MoE will review the rules every three years.

Affected stakeholders and implications

Companies who are subject to K-REACH and do not want to disclose chemical information due to confidentiality reasons can apply for non-disclosure of confidential information to the MoE. The new rules are applicable on 16 January 2021.

Last update: 11/10/2020