Confidentiality & Non-Disclosure

Confidential information may include non-public business, commercial, operational, financial, technical, strategic or proprietary information shared with ASCENTSO in connection with an enquiry, consultation, discussion, proposal, project or other business interaction.

This may include business plans, strategies, processes, systems, data, documents, pricing, customer or supplier information, product information, technical specifications, credentials, access information, intellectual property and other information that is identified as confidential or would reasonably be understood to be confidential given its nature or the circumstances in which it is shared.

Confidential information may be provided verbally, visually, electronically, in writing or through access to systems, platforms or digital environments.

ASCENTSO uses confidential information only for legitimate purposes connected with the business interaction for which it was provided.

This may include understanding business requirements, evaluating potential work, preparing proposals or recommendations, planning and delivering agreed services, configuring solutions, providing support, and carrying out related administrative or operational activities.

We do not use confidential information for unrelated purposes without appropriate authorisation.

ASCENTSO takes reasonable administrative, technical and organisational measures to protect confidential information against unauthorised access, use, disclosure, alteration or loss.

The measures applied may vary according to the nature and sensitivity of the information, the manner in which it is provided, and the systems or services involved.

Where access to client systems, platforms, accounts or other restricted environments is required, such access is intended to be limited to what is reasonably necessary for the agreed purpose.

Access to confidential information is limited to persons who reasonably require it for the relevant business purpose.

This may include ASCENTSO personnel, authorised associates, consultants, contractors or service providers involved in evaluating, planning, delivering or supporting the relevant work.

Where appropriate, persons receiving access are expected to handle the information confidentially and only for the purpose for which access is provided.

Information will generally not be treated as confidential where it:

• is or becomes publicly available other than through an unauthorised disclosure;
• was lawfully known to ASCENTSO before it was provided;
• is lawfully obtained from another source without a confidentiality obligation;
• is independently developed without reliance on the confidential information; or
• is expressly authorised by the relevant party for disclosure or use.

Information will not cease to be confidential merely because individual elements of it are publicly known where the particular combination, context or application remains confidential.

ASCENTSO may use third-party technologies, infrastructure, professional advisers, contractors or service providers where reasonably necessary to conduct business or deliver agreed work.

Where confidential information needs to be accessed, processed or stored through such parties, ASCENTSO seeks to limit the information involved to what is reasonably necessary for the relevant purpose and to use providers appropriate to the nature of the work.

Where a project requires specific confidentiality, security, hosting, data-handling or third-party restrictions, these should be identified and agreed as part of the applicable proposal, quotation, service agreement or project documentation.

ASCENTSO may disclose confidential information where disclosure is required by applicable law, regulation, court order or a lawful request from a competent authority.

Where legally permitted and reasonably practicable, ASCENTSO may notify the affected party before making such disclosure.

Any disclosure under these circumstances will be limited, where reasonably possible, to the information required for the relevant legal or regulatory purpose.

ASCENTSO’s approach to confidentiality applies while confidential information remains non-public and commercially or otherwise sensitive.

The end of an enquiry, discussion, consultation or project does not by itself make confidential information public or remove the need for appropriate handling.

Where ASCENTSO and another party enter into a separate non-disclosure agreement, service agreement, project agreement or other written arrangement containing specific confidentiality obligations, the terms of that agreement will apply to the extent of any inconsistency with this page.