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Legal Issues Relating to Electronic Public Procurement

Objective



Research objectives and content

The subject matter of this research project is concerned with the legal issues relating to electronic public procurement.

1. Firstly the services related to public procurement in general should be analysed. Next, the services that shall be provided electronically should be identified. Traditional and electronic form of services should be compared.

2. The current legal rules relating to public procurement should be analysed with the aim to identify these fields, which will be affected by the electronic means. Supposed the whole procedure of the public procurement should take place electronically then following legal issues may arise:

2.1 Ensuring of confidentiality: Bidders have the need to make confidential offers in order to participate in a fair competition. Also, the bidders have the need to keep the data relating to them confidential from every third person. Therefore, the role of encryption systems and the legal demands on them should be investigated.

2.2 Ensuing the data integrity: The participants in electronic public procurement must be sure that the data of the tenders and the offers are authentic and have not been changed Therefore, also the accountability and the non-repudiation of the data must be ensured.

2.3 Also the evidential value of the electronic documents must be examined.

2.4 Furthermore, the question of civil liability should be considered. In connection with electronic public procurement financial losses for the participants could arise. This case requires investigation of the kinds of liability and the potentially liable parties (network provider, public authorities, suppliers).

2.5 Next, the question of the role of an independent third party (for digital signature services; clearinghouse; providing procurement information services) should be discussed.

3. Assessment of the above mentioned issues under the scope of Greek law taking into account the European and International legal discussion.

Training content (objective, benefit and expected impact)

The project will contribute to the clarification of the legal issues relating to the electronic public procurement by examining the Greek legal system, following up the European discussions and drawing up the legal framework.

Links with industry / industrial relevance (22)

Funding Scheme

RGI - Research grants (individual fellowships)

Coordinator

Centre of International and European Economic Law
Address
Ikaron Street
55102 Thessaloniki
Greece