“Perhaps most important of all, we know that our data is replicated to our contingency site within minutes, minimizing the risk of any disruption in IT functionality at our headquarters in London.” — Colin Everett
Head of IT Strategy and Architecture, Lloyds TSB Corporate Markets

Data Domain RoHS / WEEE Compliance Statement

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Data Domain RoHS / WEEE Compliance Statement
(190 KB PDF)

June 2006

Background

Data Domain strives to comply with all applicable environmental and safety regulations in all areas where we sell products.

In February 2003, the European Union issued Directive 2002/95/EC regarding the Restriction of the use of certain Hazardous Substances in electrical and electronic equipment (RoHS) and Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE).

The WEEE Directive requires that by August 13, 2005, producers arrange and pay for the collection, treatment, recycling, recovery, and disposal of such equipment at end of life. This Directive also requires producers to report the presence and levels of certain chemical compounds and materials shown to be toxic.

The RoHS Directive is complementary to the WEEE Directive. It bans the use of certain heavy metals and brominated flame retardants in order to reduce the environmental impact of landfilled or incinerated WEEE. Specifically, the RoHS Directive states that as of July 1, 2006, electrical and electronic equipment “producers” (i.e. companies that sell electrical and electronic equipment bearing their trade name, and/or companies that act as importers or exporters of those products) must eliminate the use of all lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) in products sold in the European Union (EU). Exemptions allow the continued use of lead in networking infrastructure equipment and a few select components.

As well as the EU directives, other countries are also drafting similar RoHS regulations. In China, the regulation “Measures for the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment” is often referred to as “China RoHS” because it mirrors the limits of those substances included in the EU Directive. While there are no federal laws in the USA that deal with potentially hazardous substances, many states have legislation in place, including California’s Proposition 65, sometimes called the “California RoHS.”

The EU Directives impose certain obligations on Data Domain as a producer of electrical and electronic equipment. Data Domain’s compliance approach is described below. Data Domain is committed to compliance with all applicable laws and regulations.

WEEE Directive Compliance

Intent: Data Domain is committed to meeting the requirements of the WEEE Directive. The WEEE Directive is being implemented differently in each of the EU member states through national legislation. Consequently, Data Domain’s compliance approach varies between individual EU countries. Wherever it is required or permitted by local legislation, Data Domain will register as the national “Producer” for its product sales and report routine sales and take back data in accordance with the local requirements. Where Data Domain is not permitted to register as a national “Producer,” Data Domain is working with third party importers and distributors to ensure that there are valid registrations in place. In each country affected by the WEEE legislation, Data Domain is offering a product take-back service to its business customers.

Design: The design and production of Data Domain branded electrical and electronic equipment takes into account the dismantling and recovery of WEEE and its components and material. All Data Domain products are commercially recyclable and reusable.

Marking: All Data Domain products that are subject to the WEEE Directive shipped into EMEA from August 13, 2005 are compliant with the WEEE marking requirements. Such products are marked with the “crossed out wheelie bin” WEEE symbol shown below in accordance with European Standard EN 50419. The mark indicates that the product was placed on the market after August 13, 2005 and that end-users should segregate the product from other wastes at end-of-life. Cables or components and sub-assemblies contained within a product typically will not be marked.

Crossed out wheelie bin

Registration: Data Domain will fulfill all legal requirements and register with national authorities, on time, in all relevant countries. Registration and enforcement dates are country dependent.

Reporting: Data Domain will ensure that any information required for the calculation of Data Domain’s producer obligations will be provided as of the date specified in national legislation.

Treatment: For Data Domain products sold after August 13, 2005, Data Domain will ensure the proper recycling of waste resulting from those products arising at the customer’s locations in the European Union. The costs of recycling are included in the product price. In accordance with Community waste legislation, Data Domain confirms that treatment and recycling of WEEE done on behalf of Data Domain, either by a collective scheme or individually, will be carried out in accordance with the requirements of the WEEE Directive, as set out in the implementing legislation of the member states, including requirements respecting special treatment for specified parts and overall recovery rates achieved.

Information for Recyclers: Data Domain will provide reuse and treatment information for each type of new EEE put on the market within one year after the equipment is put on the market. Data Domain will make required information available to reuse centers by the date specified in member state legislation, typically within one year after the new products have been put on the market or sold after August 13, 2005. Data Domain packaging is designed to be recycled and is intended to be handled in accordance with local recycling policies.

RoHS Directive Compliance

Intent: Data Domain’s objective is to fulfill its obligations under the European Union’s Restriction of Hazardous Substances (RoHS) Directive by eliminating all banned substances from its products in accordance with the deadlines and exemptions in the RoHS Directive. Data Domain is in full compliance with the RoHS Directive on products shipped to the EU as of the implementation deadline of July 1, 2006.

Exclusions: Lead has been used widely in the electronics industry, both in electronic and electrical components and also in lead-based solder. The RoHS Directive requires that the use of lead be phased out by the electronic industry and substituted with alternative materials. Some lead-free components have already been integrated into Data Domain products, but reliable alternatives to lead-based solders, in particular, have proven difficult to find. The EU has recognized this issue and a limited number of exemptions for specific applications in certain product categories are listed in the Annex to the RoHS Directive. For example, the use of non-RoHS spare parts to repair non-RoHS equipment placed on the market prior to July 1, 2006 is permitted. In addition, Data Domain will exercise the server infrastructure exemption until lead-free alternatives are identified that meet the performance requirements of its products. Data Domain continues to work with its suppliers to find reliable lead-free alternatives. It is Data Domain’s intention, as research and advances in product development allows, to transition our products to all be lead-free over time.

Product Availability: All of Data Domain’s products sold worldwide were RoHS-compliant by July 1, 2006.

Marking: Labeling is not required by the RoHS Directive and no industry or regulatory standard for RoHS labeling exists. Currently, Data Domain does not intend to label products as RoHS- compliant.

Supplier Management: A number of parts and materials in Data Domain products are procured from external suppliers. We rely on the representations of our suppliers regarding the presence of RoHS substances in these parts and materials. Our supplier contracts require compliance with the chemical substance restrictions, and our suppliers document their compliance with the Directive by issuing a formal Certificate of Compliance (CoC) in which they declare the absence of restricted materials in the products they supply to Data Domain. Our suppliers have provided CoC’s to us and we will continue to work with them to insure that our products comply with current and future applicable legal and environmental requirements.

Qualification: The qualification of RoHS-compliant components supplied by our vendors and the implementation of new manufacturing processes related to this Directive is underway and was completed in Q2 2006. Data Domain believes that the qualification process is essential — not only to independently assess RoHS compliance, but to ensure we continue to deliver the best-in-class quality and reliability that our customers have come to expect from Data Domain products.

Systems Control: Data Domain also has internal systems in place to ensure ongoing compliance with the RoHS Directive. These systems include standard operating procedures that ensure that restricted substances are not utilized in our manufacturing operations via BOM and AVL control.