Navigating Legal Challenges in EU-Funded Projects: A Consultant’s Perspective
EU-funded projects offer incredible opportunities for innovation, research, and sustainable development. But along with funding come layers of legal, regulatory, and administrative requirements that can make or break a project. As a legal consultant for EU-funded initiatives, I’ve seen firsthand how early legal guidance can prevent costly delays, ensure compliance, and support smooth project execution.
Jorge BARONA
4/9/20252 min read
Understanding the Legal Landscape
Each EU funding programme—be it Horizon Europe, LIFE, Interreg, or others—comes with its own set of rules regarding intellectual property (IP), data protection (GDPR), procurement, state aid, and reporting obligations. Many consortia underestimate the complexity of these requirements until issues arise during audits or deliverable submissions.
Common Pitfalls I Help Avoid
IPR Mismanagement: Lack of clarity on background vs foreground IP can lead to disputes within consortia. I help define these elements from the proposal stage and formalize them in the Consortium Agreement.
Non-Compliance with the Grant Agreement: Misunderstanding Article 18 (conflict of interest) or Article 22 (audits and controls) can jeopardize funding. I assist with internal training and document review to ensure compliance.
Inadequate Risk Assessment: Legal, environmental, and ethical risks must be mapped early. I conduct tailored risk assessments aligned with the project’s TRL and geographic scope.
Unclear Roles and Responsibilities: Confusion over legal liability and responsibilities between beneficiaries is a frequent issue. I facilitate workshops and draft annexes to clarify roles.
Deliverable Writing and Validation: Making Legal Work Tangible
A crucial part of my contribution lies in the co-drafting, reviewing, and validating of legal, regulatory, and exploitation-related deliverables. Whether it’s a D7.6 on legal and regulatory barriers, an exploitation plan with IPR strategies, or a white paper on compliance and standardization, I ensure these documents:
Align with the Grant Agreement and Description of Action
Reflect sound legal reasoning and regulatory coherence
Are written clearly for both technical and non-technical stakeholders
Are prepared for review by the European Commission and potential audits
Clear, accurate, and proactive deliverables not only meet contractual obligations—they also help shape the long-term impact and replicability of the project
OLAF Audit Experience: Lessons from the Frontline
One of the most critical learning experiences in my career came from handling an OLAF (European Anti-Fraud Office) audit concerning a Horizon 2020 project. OLAF audits are rare but intense, often triggered by irregularities in financial reporting, conflict of interest concerns, or potential misuse of EU funds.
In this case, I led the legal response, coordinated the retrieval and validation of supporting documentation, and ensured full cooperation with OLAF investigators. What I learned was clear:
Legal and financial documentation must be audit-proof from day one.
Internal communication and role delegation are critical to withstand scrutiny.
Being proactive, not reactive, is key to mitigating reputational and financial damage.
How I Add Value to EU-Funded Projects
Proposal Support: I review work packages to ensure legal feasibility and coherence with EU frameworks. This includes advice on ethical considerations, IP strategies, and data management plans.
Project Execution: I assist in preparing contractual annexes, monitoring compliance, and drafting internal guidance notes for partners.
Deliverable Writing and Validation: I contribute to the drafting, review, and quality assurance of legal, regulatory, and exploitation-related deliverables—ensuring clarity, compliance with EU requirements, and readiness for Commission evaluation.
Exploitation and IP Strategy: From Joint Ownership Agreements to licensing models, I support the development of long-term exploitation plans in alignment with the consortium’s goals.
Audit Readiness: I perform mock audits and review documentation to ensure readiness for European Commission audits or external bodies like OLAF.
