# Regulation (EC) No 1924/2006 of the european parliament and of the council of 20 December 2006 on nutrition and health claims made on foods, Article 21: Data protection

Extent: E+W+S+N.I.

1. The scientific data and other information in the application required under Article 15(3) may not be used for the benefit of a subsequent applicant for a period of five years from the date of authorisation, unless the subsequent applicant has agreed with the prior applicant that such data and information may be used, where:
(a) the scientific data and other information has been designated as proprietary by the prior applicant at the time the prior application was made; and
(b) the prior applicant had exclusive right of reference to the proprietary data at the time the prior application was made; and
(c) the health claim could not have been authorised without the submission of the proprietary data by the prior applicant.
2 . Until the end of the five-year period specified in paragraph 1, no subsequent applicant shall have the right to refer to data designated as proprietary by a prior applicant unless and until the appropriate authority takes a decision on whether a claim could be or could have been authorised under Article 14 or, where appropriate, Article 13 without the submission of data designated as proprietary by the prior applicant.

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Source: https://www.legislation.gov.uk/eur/2006/1924/article/21 (the official version)
Page: https://openlegislation.uk/eu-regulation-2006-1924/article-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.