What should a researcher do if a private partner who has financed 50% of the research requests publication in closed access?

If the research is funded at least 50% by public resources, Article 41 of the Scientific Research and Innovation Activities Act requires that the resulting scientific publication be made openly accessible. This means the researcher is obliged to ensure open access, even when a private partner co-finances the project. For this reason, it is essential that the requirement for open access is addressed during the negotiation phase with the private partner. Public funders and research-performing organizations may also participate in these negotiations to help secure the right to publish the results openly.

If no agreement can be reached and the private partner insists on closed access, the researcher may rely on the secondary publication right (SPR) under the sixth paragraph of Article 41. The SPR allows the researcher to provide open access to the publication as soon as it is accepted for publication, regardless of contractual clauses or private partner demands.

In some situations, however, a private funder's request for restricted access may be justified. The second paragraph of Article 41 of the Scientific Research and Innovation Activities Act allows for exceptions to open access. Open access may be restricted for the protection of intellectual property, protection of personal data or protection of the safety of individuals or the country.