Under New York State Law, all information that a small business reveals to the SBEAP is strictly confidential, unless there is an imminent threat to health or safety. There is no time limit on the confidentiality of information that a small business reveals to the SBEAP and such information will not be passed on to regulatory authorities. EFC, which administers the SBEAP, is not a regulatory agency and has no enforcement capabilities.
The SBEAP cannot guarantee immunity from enforcement action should a regulatory agency independently uncover violations. However, businesses working with the Program may benefit since a good-faith effort to come into compliance can be demonstrated to regulatory authorities.