Tenders in public procurement often contain commercially sensitive information that the tenderer wishes to keep secret from his competitors. For this, however, it is required that the information is subject to confidentiality within the contracting authority. Confidentiality requires that it can be assumed for a special reason that the tenderer will suffer damage if the information is disclosed. Tenderers wishing to avoid their trade secrets being disclosed to competitors should therefore carefully justify to the contracting authority why the information is sensitive. Otherwise, there is a risk that the reasons for confidentiality are not considered fulfilled and that the information is disclosed. A detailed request for confidentiality also simplifies the contracting authority’s assessment of whether there are grounds for confidentiality.

RosholmDell Advokatbyrå can help you as a tenderer in public procurements to protect your trade secrets. We can also provide advice to contracting authorities regarding the application of the rules on publicity and confidentiality in public procurement. You are welcome to contact our experts on public procurement, lawyer Peter Lennartz and senior lawyer Christian Nilsson, if you have questions about publicity and confidentiality, or any other questions concerning public procurement.