The questions below relate to the Application process.
For questions related to the European Blockchain Sandbox in general, click here.
For any questions relating to the applications process, please email (info@blockchain-sandbox.eu). The answers will be published below for all applicants to benefit from.
The potential applicant is a company based outside the EEA with EEA-based subsidiaries, currently deploying blockchain solutions in the EEA. Is it possible for companies based outside the EEA with subsidiaries in the EEA to submit an eligible application for the European Blockchain Sandbox through an EEA-based subsidiary or via the parent company outside the EU/EEA?
The applicant must be established in the EEA and have been a legal person for at least six (6) months either as: i) a legal entity registered in the professional or commercial register according to the rules of the EEA Member State where it is established, or ii) a public body established in one of the EEA Member States. If an application is submitted on behalf of a consortium, then the applicant will make sure to have the permission to submit the application on the behalf of all parties. All consortium parties must be either legal persons or public bodies. The leader of the Blockchain use case could be the applicant or one of the other consortium partners, as long as the leader is a legal entity that is located in the EEA.
Therefore, non-EEA based companies can be part of a consortium that submits an application as long as the applicant (and the use case leader if applicable) are located in the EEA and fulfill the above conditions.
What is the maximum size limit of the application form and the annexes?
10MB.
Who has to sign the self-declaration on honour and the application form?
The application form must be signed by a person authorized to enter into legally binding commitments on behalf of the applicant (and its consortium members if applicable). If the application is submitted on behalf of a consortium, then the applicant will make sure to have the permission to submit the application on behalf of all consortium members.
A self-declaration on honour has to be submitted by the applicant together with the application in accordance with the prescribed form which is accessible through the application form and on the website. If the application is submitted as a consortium, a self-declaration on honour, unconditionally completed and signed by an authorized representative, should be submitted for each consortium member.
Is the contact person mentioned in the application form the only person who can take part in the sandbox activities?
The contact person mentioned in A.6 of the application form is the appointed contact for communication regarding the application process and the sandbox if selected. However, during the sandbox operation more persons can take part in the sandbox activities (in principle up to five (5) persons per participant.
Is it possible to submit an application for more than one use-case for instance if the application is submitted on behalf of a consortium with individual consortium members deploying their use-case?
Each applicant will be allowed to submit one application for a specific use case. The application form needs to be completed for this use case and the eligibility of the application will be assessed on the basis thereof. Reference is made to the information requested in part B of the application form. However, the contributions by consortium partners - which could consist of experience with similar use cases - may be taken into account for the evaluation of the use case on the basis of the award criteria such as the reference with the EU's wider Policy Priorities. Reference is made to question A.11 of the application form.
How will business confidential information in the blockchain use case that is shared as part of the application process or in the course of the operation of the sandbox be protected?
All business confidential information, contained in the applications and in the course of the operation of the sandbox will be kept confidential in accordance with Clause 10 of the Application Terms and clause 12 of the Sandbox protocol. The application forms, selection process outcomes and other associated data will be destroyed after the end of the Sandbox operations of each cohort; wait-listed applications that participate in the next cohort will be retained until the end of the Sandbox operations for the next cohort (Clause 8 of the Application Terms).
Information that is shared during the Sandbox operation will be kept confidential in accordance with clause 12 of the Sandbox protocol. This information will be no longer accessible at the end of the Sandbox operations of that cohort and all data on the secure platform will be archived offline in accordance with the bar rules at the end of the sandbox operations of that cohort (Clause 14 of the Sandbox protocol). Confidential information will not be published and will not be disclosed in the best practices report (Clause 10 of the Sandbox protocol and paragraph 5 of the Annex to the Sandbox protocol).
Is it correct to assume that the applicant will not be bound to consent to the use of confidential information, trade secrets and IP rights that is shared in the application form or during the sandbox operations by other parties (including the consortium, the European Commission and the participating regulators)?
Yes this is correct. However, on the basis of Clause 9 of the Application Terms and Clause 11 of the Sandbox protocol, the applicant will not object to further use of information that is not identified as business confidential by the participants in the sandbox (Clause 12 of the Sandbox protocol) and that is published in accordance with the Application Terms and the Sandbox protocol (see the answer to question 6, Clause 10 Application Terms and Clause 10 Sandbox protocol).
How will information that is contributed by the regulators in the course of the operation of the sandbox be protected?
Information that is contributed by the regulators is governed by the same confidentiality rules as information that is contributed by the use cases participating in the sandbox. Information exchanged in the Sandbox is only be accessible to the individual persons who participate in the Sandbox on behalf of the use case owners and the regulators and this information may not be copied or disseminated outside this group unless otherwise permitted under the Sandbox protocol. Bird & Bird will participate in the Sandbox on an as needed basis and Bird & Bird lawyers are governed by the professional rules on integrity and client confidentiality in the applicable bar rules.