The general Model Grant Agreement (MGA) in articles 25.4 and 31.4 foresees access rights only for affiliated entities established in a Member State or in an associated country. However, beneficiaries are free to agree on more favourable or broader access rights, e.g. access rights to affiliated other than those mentioned above, including non-European affiliated entities.
Access rights to background and results for the implementation of the project shall be given to other beneficiaries until the end of the project, even by the participants that leave the project before its completion.
On the other hand, requests for access rights to background and results from other beneficiaries for exploiting their own results shall be made up to one year after the end of the project.
Note that the actual duration of all access rights might be negotiated by the participants concerned and agreed differently (e.g. shorter, longer period - for instance, it might be extended until the expiration of a patent obtained on a project result).
According to article 2.1(2) and in conjunction with the article 8.2 of the Rules for Participation, an affiliated entity means any legal entity that is:
-under the direct or indirect control of a participant, or
-under the same direct or indirect control as the participant, or
-directly or indirectly controlling a participant.
Pursuant to this definition, a parent company should be considered as an affiliated company and thus enjoy access rights to project partners' background and results, but only if these rights are needed to exploit the results generated by its daughter company. It is to be noticed that this approach is significantly different from the one used in FP7 projects (Article II.1.2 of the model Grant Agreement for FP7), according to which a parent company was not considered as an affiliated entity.
Under the scope of H2020 Access Rights mean licenses and user rights to another participant’s results or background. They allow beneficiaries to benefit from each other’s resources, and consequently taking full advantage of the collaboration.
It should be taken into account that as established in the Model GA, access rights to another beneficiary’s results and/or background are only to be granted if the requesting beneficiary needs such access in order to carry out its part of the project or to exploit its own results. Moreover, it is to be noticed that, in order for the beneficiaries to exercise their access rights, this must be requested in writing.