How to deal with confidentiality issues, including during procurement litigation

Produced in partnership with Deborah Ramshaw of Womble Bond Dickinson

Practice notes

How to deal with confidentiality issues, including during procurement litigation

Produced in partnership with Deborah Ramshaw of Womble Bond Dickinson

Practice notes

Confidentiality in public Procurement and the wider public sector context

This Practice Note should be read in conjunction with Practice Notes: Disclosure in connection with procurement challenges, Use of Confidential information in civil proceedings and Introduction to freedom of information.

Protecting confidential information related to a public procurement 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. See Practice Note: Freedom of information and public contracts.

Protecting contracting Authority information

A contracting authority may need to disclose confidential or sensitive information to bidders in connection with the public procurement 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

Deborah Ramshaw

Solicitor, Womble Bond Dickinson

Deborah is a nationally renowned procurement law specialist, noted for her commercial and pragmatic advice to clients. She is also WBD's Head of Procurement.

Deborah advises clients in the public and private sector and uses her knowledge of acting for both sectors to provide practical advice on running processes which are as defensible as possible and advising bidders on how to challenge processes.

Deborah has a particular interest in advising on procuring innovation and complex projects. Deborah has significant experience in establishing and using framework agreements.

Deborah advises clients in a wide range of sectors including central and local government, NHS bodies, education, transport and utilities sectors and third sector organisations.

Jurisdiction(s):

United Kingdom

Key definition:

Confidentiality definition

What does Confidentiality mean?

Duty imposed in conduct whereby an individual and firm must keep clients' matters confidential.

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