How to deal with confidentiality issues, including during procurement litigation
Produced in partnership with Bond Dickinson
How to deal with confidentiality issues, including during procurement litigation

The following Local Government guidance note Produced in partnership with Bond Dickinson provides comprehensive and up to date legal information covering:

  • How to deal with confidentiality issues, including during procurement litigation
  • Brexit impact—public procurement
  • Confidentiality in public procurement and the wider public sector context
  • Protecting contracting authority information
  • Disclosure obligations on contracting authorities
  • Legal protections—Public Contract Regulations
  • Legal protections—Freedom of Information
  • Nature of confidential information
  • Duty of confidence
  • Breach of confidence
  • more

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Confidentiality in public procurement and the wider public sector context

This Practice Note should be read in conjunction with Disclosure in connection with procurement challenges and Introduction to freedom of information.

Protecting confidential information related to a public procurement tender process must be considered within the wider public sector context, including potential application of the Freedom of Information Act 2000 (FIA 2000) and the Government's transparency agenda.

Protecting contracting authority information

A contracting authority may need to disclose confidential or sensitive information to bidders in connection with the tender process. In such circumstances it is common practice to require bidders to sign a confidentiality agreement as a pre-condition of participation in the procurement process, including requiring the bidder to specify which individuals and third party advisors (if any) will be given access to the confidential information.

Regulation 21(3) of the Public Contracts Regulations 2015 (PCR 2015) states contracting authorities may impose 'requirements' on bidders aimed at protecting the confidential nature