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e-Tendering - Council

10
Jan
2008
Opinions Prior Check and Prior Consultations

e-Tendering - Council

Opinion of 10 January 2008 on a notification on e-Tendering application covering the Council's public procurement procedures (Case 2007-573)

The e-Tendering processing operation, carried out by the Council, is an electronic procurement service which collects data with the purpose of awarding contracts to the selected economic operators. It intends to replace in the long term the current manual processing operation related to public procurement procedures which has already been prior-checked (Opinion of 19 July 2007, case 2007-275). The main purpose of introducing this system is to increase the efficiency and transparency of the procurement process.
 
Considering that the categories of data collected within the e-Tendering application as well as the purpose are identical to those described and analysed at the Council's "public procurement procedures", already prior-checked by the EDPS, Articles 27(2)(a) and 27(2)(b) are applicable following the same line of arguments already exposed in the Opinion of 19 July 2007. 
 

Some of the recommendations made by the EDPS are the following: It was underlined that a set of predefined data should be kept in the light of the duration of each long term contract awarded in each case. Thus, depending on the duration of the contract, data should be erased immediately after they are no longer in use. Moreover, a precise period for the conservation of registered data should be adopted; it should not be excessive to the purpose for which they will further be processed. In the declaration on "personal data protection", it was pointed out, inter alia, that the obligation of the economic operators to inform their employees or subcontractors about their rights related to Article 11 and 12 of the Regulation should be mentioned. The economic operators should make sure that all relevant information, which will be published on the site of the Council, can be accessible to them. It should also be indicated in the Confidentiality agreement that the experts have a legal obligation to process data in conformity with the principles of data protection as provided in Regulation 45/2001.

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