Freedom of Information Act in Procurement Law 2026

Freedom of Information Act (IFG) in procurement law: access to procurement files, limits on access to information and the relationship to the protection of trade secrets.

Definition: The Freedom of Information Act (Informationsfreiheitsgesetz, IFG) grants every person an unconditional right of access to official information held by federal authorities; in procurement law, this right stands in tension with the protection of trade secrets and the duty of confidentiality in the procurement procedure.

Last updated: January 2026 · Legal status: IFG (BGBl. I 2005, p. 2722); state freedom of information acts; GeschGehG; case-law of the Federal Administrative Court

IFG and procurement law: a fundamental tension

The federal Freedom of Information Act (IFG) and the corresponding state acts grant an extensive right of access to official information – in the field of procurement law, this right comes up against the confidentiality interests of bidders and the duties of confidentiality on the part of the contracting authority. Procurement files, bids, evaluation notes and award files may in principle be the subject of IFG requests.

In Germany, the federal IFG applies to federal authorities; most of the federal states have enacted their own freedom of information acts. Bavaria and Saxony do not have a general state-level freedom of information act.

Exceptions to access to information in procurement law

The IFG provides for a number of exceptions which are particularly relevant in procurement law:

Protection of trade secrets (§ 6 IFG)

Access to information is precluded in so far as it affects business or trade secrets, unless the person concerned has consented. In procurement law, costing data, technical concepts and other internal bidder information are typically protected as trade secrets.

Protection of administrative decision-making processes (§ 4 IFG)

The protection of ongoing consultation and decision-making processes may justify the temporary exclusion of access to information; that protection largely ceases once the procurement procedure has been concluded.

Public security (§ 3 IFG)

For security-sensitive procurements, access to procurement information may be refused on grounds of public security.

Relationship of the IFG to review proceedings under procurement law

The right under the IFG is not a substitute for review proceedings under procurement law and the rights of access to the file granted there; however, it may be used in addition to obtain information about the award decision after the procurement procedure has been concluded.

Unsuccessful bidders have specific rights of access to the file in review proceedings, which are granted by the procurement chamber or the court while taking account of the protection of trade secrets. The IFG right offers a further opportunity to create transparency after conclusion of the procedure.

Austrian legal position: duty to provide information and freedom of information

In Austria, the Freedom of Information Act (IFG, BGBl. I No. 5/2023) entered into force on 1 September 2025 and replaced the previous constitutionally entrenched official secrecy with a right to information. Public contracting authorities in Austria are accordingly obliged to respond to requests for information about procurement procedures, unless statutory exceptions (in particular duties of confidentiality and trade secrets) preclude this.

FAQ

Can an unsuccessful bidder obtain access to the bid of the successful tenderer under the IFG? As a rule, no, because costing data and price structures are protected as trade secrets; only information that does not warrant protection (e.g. the name of the successful tenderer) may be accessible.

Can an IFG request influence the ongoing procurement procedure? The IFG provides for a temporary exclusion in respect of ongoing decision-making processes; an IFG request during an ongoing procurement procedure will therefore generally not give rise to a right of immediate access to information.

Is there a time limit for IFG requests after conclusion of the procurement procedure? The IFG does not contain any procurement-specific time limit; the general retention periods for procurement files (typically 5–10 years) determine how long information remains accessible.

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