Electronic Procurement (e-Procurement) in Public Procurement 2026

e-Procurement: obligation for digital communication above the EU thresholds, procurement platforms, eForms, and electronic bid submission under Art. 22 Directive 2014/24/EU.

Definition: Electronic procurement (e-procurement) refers to the fully digital handling of public procurement procedures, in which the notice, communication, and bid submission are carried out exclusively via secure electronic means and procurement platforms, as bindingly prescribed in Art. 22 of Directive 2014/24/EU.

Last updated: January 2026 · Legal basis: Art. 22 Directive 2014/24/EU, BVergG 2018 §§ 47 et seq., § 97(5) GWB, § 11 VgV

What is electronic procurement?

Electronic procurement – e-procurement for short – refers to the complete digital handling of public procurement procedures via secure electronic platforms covering all procedural steps from the notice to the contract award. It encompasses the publication of notices, the provision of procurement documents, structured communication between contracting authority and bidders, and the electronic submission, encryption, and opening of bids.

E-procurement replaces paper-based procedures with audit-proof digital processes. Contracting authorities provide documents on a certified procurement platform; bidders download these, prepare their bids digitally, and transmit them in good time via the same platform. All steps are logged with time stamps and are fully traceable.

Purpose and significance

E-procurement serves to increase transparency, efficiency, and competition in public procurement and has been mandatory for contracting authorities above the EU thresholds since October 2018.

From a procurement policy perspective, e-procurement pursues several objectives:

Transparency: Notices can be retrieved Europe-wide via TED (Tenders Electronic Daily); the course of the procedure is documented in an audit-proof manner.
Competition: Small and medium-sized enterprises can also participate in tenders regardless of location.
Economic efficiency: Shorter processing times, lower paper and dispatch costs, automated checks.
Legal certainty: Automatic time stamps and logs make it easier to review procedural steps and bid receipts.

Legal foundations and eForms obligation

Art. 22 of Directive 2014/24/EU forms the EU legal basis for the e-procurement obligation above the EU thresholds and obliges public contracting authorities to use exclusively electronic means of communication.

The gradual introduction followed a clearly structured EU-wide timetable: the duty for electronic communication applied to central purchasing bodies from October 2016 and to all other public contracting authorities from October 2018.

eForms Regulation

A further milestone was the introduction of the eForms Regulation (Implementing Regulation (EU) 2019/1780). From 25 October 2023, eForms must be used exclusively for EU-wide notices. eForms are standardised, machine-readable XML forms for contract notices and award notices. They replace the previous standard forms (SF), increase data quality, and enable better statistical analysis at the European level. The form structure comprises more than 180 data fields, some of which are mandatory and some optional.

eIDAS Regulation

Regulation (EU) No 910/2014 (eIDAS) governs the requirements for electronic identification and trust services. It is relevant for e-procurement insofar as qualified electronic signatures (QES) based on eIDAS-compliant certificates may be required in certain procedure types. According to Art. 25(2) eIDAS, a QES has the same legal effect as a handwritten signature.

Components of e-procurement

Electronic notice

EU-wide notices are published via the European Union's Tenders Electronic Daily (TED). TED is the supplement to the Official Journal of the EU and the central database for public tenders in the European single market. With the eForms transition from October 2023, the data structure of these notices is being significantly expanded and standardised.

Electronic submission of bids

Bids are submitted fully digitally via the respective procurement platform. Special requirements apply to data security, confidentiality, and the integrity of the transmitted files. Bids must be transmitted encrypted and must not be viewed or opened before expiry of the bid submission deadline. The platform ensures that bids can only be decrypted at the defined opening time.

Electronic communication

All enquiries, bidder questions, clarifications, and information are exchanged via the platform. Bidder questions relevant to the procedure must be forwarded anonymously to all interested parties. Deadlines for bidder questions must be set out in the procurement documents.

Deadlines in e-procurement

Directive 2014/24/EU provides for reduced minimum periods for electronic procedures. In the open procedure, the minimum bid submission period is 30 days in case of full electronic publication (instead of 35 days for paper notices). With prior publication of a prior information notice, this can be reduced to 15 days (Art. 27 Directive 2014/24/EU).

Legal basis

Art. 22 Directive 2014/24/EU: Obligation to use electronic means of communication in the classic sector
Art. 40 Directive 2014/25/EU: Corresponding provision for utilities contracting entities
Implementing Regulation (EU) 2019/1780: eForms Regulation for standardised notice forms (applicable from 25 October 2023)
Regulation (EU) No 910/2014 (eIDAS): Legal framework for electronic signatures and identification
Directive 2014/55/EU: Duty to accept electronic invoices in public procurement

National transposition

Austria (BVergG 2018)

In Austria, electronic procurement is prescribed by §§ 47 et seq. of the Federal Procurement Act 2018 (BVergG 2018) and implemented via various certified platforms.

The BVergG 2018 obliges public contracting authorities above the EU thresholds to conduct procurement procedures electronically in principle. § 47 BVergG 2018 sets out the basic duty for electronic communication; §§ 48 et seq. govern the technical requirements for procurement platforms and ensuring the confidentiality of submitted bids.

Central platforms in Austria are:

BALIS (Federal Procurement Services – Austrian Procurement Services): platform of Bundesbeschaffung GmbH (BBG) for federal authorities
ANKÖ (Austrian Contractor Cadastre): supplier register and platform for pre-qualifications
Other federal-state-specific and private procurement platforms

Below the EU thresholds, requirements are less strict; electronic handling is, however, increasingly practised there too.

Germany (GWB / VgV / UVgO / VOB)

In Germany, e-procurement is governed by the Act against Restraints of Competition (GWB) and the Procurement Regulation (VgV); the platform landscape is federalist and highly fragmented.

§ 97(5) GWB and § 11 VgV establish the duty for electronic communication above the EU thresholds. For construction procurement, § 11a VOB/A applies. Below the EU thresholds, § 38 UVgO also provides for e-procurement as the standard case.

The Federal Ministry of the Interior operates the federal procurement platform (DTVP/Bund); in addition, the federal notice portal (BKMS) exists. Other widespread platforms are DTVP, subreport ELViS, Vergabe24, and federal-state-specific systems.

Related terms

FAQ

When does the duty for electronic bid submission apply? For EU-wide procurement procedures, the duty for electronic bid submission has applied in Austria and Germany since October 2018. Below the EU thresholds, different transitional periods and exceptions apply depending on national law.

What are eForms and since when have they been mandatory? eForms are standardised, machine-readable XML forms for EU-wide notices that have replaced the previous standard forms. The duty to use eForms exclusively applies from 25 October 2023 (Implementing Regulation (EU) 2019/1780).

Must a bidder use a qualified electronic signature (QES)? This depends on national law and the specific procedure. In many cases, a simple electronic submission via the platform is sufficient; for certain procedure types or declarations, a QES under the eIDAS Regulation may be required.

What happens if a bid is not submitted electronically? A bid not submitted electronically must be mandatorily excluded above the EU thresholds – provided that electronic submission is prescribed. Exceptions exist only in special cases regulated by law, e.g. where there are particular security requirements.

How is the confidentiality of submitted bids ensured? Procurement platforms must technically ensure that bids are encrypted and cannot be viewed by the contracting authority until the defined opening time. This is implemented using asymmetric encryption methods; the decryption key is held by the system until opening.

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