The legal obligation to “disclose” agreements entered into currently only relates to their existence and does not require publication on line of the agreements as such.In fact, a limited list of information is made available to the public. The object of the agreement is thus disclosed while upholding any industrial or commercial secrecy. This means, then, that the object of the agreement is disclosed as a category only.

For example, the “category” of the agreement may be research involving humans, a promotional or professional and scientific demonstration (such as a congress), a scientific collaboration, etc.

Pursuant to Article R. 1453-8 of the CSP, companies producing or marketing cosmetic products or providing services associated with such products only have to disclose agreements relating to the conduct of safety assessment, monitoring, or biomedical research work.

  Information to be disclosed

  • For each contract:
    • Name and address of the covered recipient (as well as qualification and, if any, specialty for individual HCPs);
    • Signing date of the contract;
    • Purpose of the contract;
    • Financial flows generated by the contract.
  • For “hospitality”:
    • Name and address of the covered recipient (as well as qualification and, if any, specialty for individual HCPs);
    • Signing date of the “hospitality convention”;
    • Agenda of the event;
    • Identification of the services provided by the company to offer hospitality and their related costs.
  • For benefits in cash or in kinds:
    • Name and address of the covered recipient (as well as qualification and, if any, specialty for individual HCPs);
    • Date at which the benefit were granted
    • Nature and value of the benefit
    • Justification explaining why the benefit were granted.

NB: the above information should be provided in French language.
Please note that the above may change in the coming months and more information may require to be disclosed pursuant to recent legislation passed in France in January 2016.

  Where should this information be disclosed

Each covered companies require to disclose the above information through the centralised French government website://www.entreprises-transparence.sante.gouv.fr

The single public website permits authentication of the companies mentioned in Articles R. 1453-2 and R. 1453-8 of the Public Health Code.

This authentication takes place when the company first connects to the single public website to register.

On first connection, the company must supply:

  1. The data regarding its registered office: company name, address, telephone and fax numbers, and SIREN or company number;
  2. Copy of the entry in the company register (K bis) (for foreign companies this may be a certificate of incorporation or equivalent);
  3. Data regarding the person appointed as operational contact, who will be in charge of sending data, applications for rectification of the data published by the authority in charge.
    This information shall consist at least of the surname, forename, telephone number and e-mail address of the person in question;
  4. The procedure for processing applications for access to, and correction of, the data transmitted.

Once this information has been supplied, the company can be registered.

The declarations will be sent by secure means using a “https” connection.

When files are deposited or transmitted automatically, the authority in charge of the site will send a receipt to the issuing company, accompanied by the digital fingerprint of the file received as evidence that the data were not altered when the exchange is made.