Electronic Communication in Public Procurement 2026

Electronic communication in public procurement: obligation for digital information exchange between contracting authority and bidders. Requirements and exceptions.

Definition: Electronic communication in public procurement refers to the use of electronic means for the exchange of information and the transmission of documents between public contracting authorities and economic operators in procurement procedures, which is mandatory across the EU above the EU thresholds.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Art. 22, BVergG 2018 § 83, VgV § 11

What is electronic communication in public procurement?

Electronic communication in public procurement covers the entire digital information exchange between public contracting authorities and bidders during the course of a procurement procedure. Art. 22 of Directive 2014/24/EU requires that all communication and the entire exchange of information, including electronic transmission, be conducted using electronic means of communication. The means must be non-discriminatory, generally available, and interoperable with commonly used ICT products.

The duty for electronic communication applies to all phases of the procurement procedure: notice, provision of procurement documents, bidder enquiries and information, bid submission, contract award, and other procedural communication.

Requirements for electronic means of communication

The electronic means of communication used must meet minimum technical standards that ensure non-discriminatory use and adequate security.

Technical requirements (Art. 22(1) Directive 2014/24/EU):

Non-discriminatory: no preference for specific operating systems or software
Generally available: accessible to all interested undertakings
Interoperable with common ICT products

Security requirements for bid submission (Annex IV Directive 2014/24/EU):

Confidentiality of bids until the opening date
Evidence of the time of receipt
Integrity of the transmitted data
Authenticity of the submitter

Forms of electronic communication

In the procurement procedure, electronic communication takes various forms.

Electronic notice: Publication on TED and national portals
Provision of procurement documents: Download link on the procurement platform
Bidder enquiries and information: Communication via the procurement platform (not by direct email to the case officer)
Bid submission: Upload on the procurement platform with time stamp
Award notification and rejection letters: Electronic notification to all bidders
File inspection in review proceedings: Transmission of documents relevant to the procurement

Use of email

Communication by email is only permitted to a limited extent in procurement law. For declarations subject to formal requirements (in particular bid submission, requests to participate), a simple email is not sufficient because it ensures neither the required confidentiality nor the integrity and authenticity of the data. Informal communication (e.g. general enquiries) can in practice be conducted by email, provided the contracting authority expressly permits this.

Exceptions to the duty for electronic communication

Art. 22(1) third subparagraph of Directive 2014/24/EU permits exceptions where electronic means are not suitable.

Recognised exceptional cases:

Specialised office equipment for displaying the performance
Physical submission of samples, models, or specimens
High-security communication requiring special protective measures

Significance for bidders

Bidders must adapt to electronic communication and meet the technical prerequisites for participating in e-procurement procedures. This includes a stable internet connection, the ability to create qualified electronic signatures (QES), and registration on the relevant e-procurement platforms. Technical problems on the bidder's side as a rule do not exempt them from meeting deadlines.

Related terms

FAQ

May a contracting authority accept bids by email? No. Bid submission by simple email does not meet the statutory requirements for confidentiality and integrity. Bids must be submitted via authorised e-procurement platforms.

Must all communication go through the procurement platform? Communication subject to formal requirements (bids, requests to participate, clarification letters) must be conducted via the procurement platform. Informal enquiries may, at the discretion of the contracting authority, also be answered by email.

Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.