Overview
This regulation provides that contracting authorities must not disclose information that has been designated as confidential by a supplier (i.e. economic operator); including technical or trade secrets and confidential aspects of tenders. The requirement not to disclose confidential information is subject to certain exceptions as referred to in this regulation. Additionally, contracting authorities are permitted to set requirements for suppliers to protect the confidentiality of information that they share during the procurement process.
Objective at this commercial stage
Confidential information shared by the suppliers when responding to bidder clarification questions should, in principle, not be disclosed by the contracting authority.
Key considerations at this commercial stage
Contracting authorities should:
- ensure information obtained from suppliers in the context of clarification questions, which is confidential, should not be disclosed by the contracting authority.
Legal framework
See also in the Procurement Act 2023:
- Section 30: Excluding suppliers for improper behaviour
- Section 94: General exemptions from duties to publish or disclose information
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
