UPC CoA, 22 May 2026 : Confidentiality club , electronic signatures and retrospective extension of time.
15-07-2026 Print this page
Confidentiality club established regarding sales data. (Art. 58 UPCA, Rule 262A.6 RoP).
Confidential information is sufficiently described in the request as sales data from a third-party provider- more detailed information is not necessary.
Submitting documents into the CMS, does not mean that the submitted documents themselves are signed.(Rule 4.1 RoP).
In the interest of legal certainty, to guarantee the authenticity of a procedural document and to exclude the risk that it is not in fact the work of the person authorized for that purpose, the procedural document itself must bear an electronic signature.
Retroactive extension of time (5 working days) granted to applicant for the submission of comments on confidential information (Rule 9 RoP).
Rule 9.3(a) RoP expressly permits retroactive extension of time. Extension may be granted after expiry of deadline and even where request for extension is lodged after expiry. Considering the absence of Court of Appeal case law on whether the signature on the CMS should be considered the signature required under Rule 4.1 RoP, the error is excusable.
Principles of fairness and equity justify that in cases like this the requested time extension is granted. (Preamble RoP No 5)
