Information and Communication Technology (ICT) in Procurement Law 2026

ICT in procurement law: procurement of IT systems, software and telecommunications – specific features, interoperability, open source and current legal developments.

Definition: In the context of procurement law, information and communication technology (ICT) denotes all procurements of hardware and software, IT services, telecommunications solutions and digital infrastructures by public contracting authorities, which are subject to specific technical, legal and strategic requirements.

Last updated: January 2026 · Legal status: Directive 2014/24/EU; GWB/VgV; UIG; FITKO recommendations; EU Cyber Resilience Act 2024

ICT procurement as a strategic topic

Public ICT procurement has gained considerably in strategic importance in recent years, as digital infrastructures and systems have increasingly become core infrastructure for the state. Public contracting authorities in the EU spend several hundred billion euros each year on ICT goods and services. In addition to economic efficiency, the focus is on issues of digital sovereignty, cybersecurity, interoperability and sustainability.

Specific features of ICT procurement

The award of ICT services poses specific challenges for contracting authorities that differ from those associated with the procurement of conventional goods and services.

Technical complexity

ICT services are often complex and fast-moving; requirements can change during the course of a procurement procedure. Agile procurement models and functional specifications are therefore gaining in importance.

Interoperability and open standards

Article 42 of Directive 2014/24/EU and national rules require contracting authorities, when drawing up technical specifications for ICT services, to refer to open standards in order to avoid manufacturer dependencies (vendor lock-in). In Germany, the Online Access Act (OZG) and the "one-for-all" principle (EfA) promote the use of interoperable, standardised solutions.

Cloud services and data protection

In the procurement of cloud services, account must be taken not only of procurement-law requirements but also of data protection rules (GDPR, post-Schrems II rules). Contracting authorities must ensure that data processing only takes place in EU-compliant legal areas.

Cybersecurity requirements

The EU Cyber Resilience Act (2024) and the IT Security Act 2.0 require contracting authorities, when procuring ICT, to include cybersecurity requirements in technical specifications and eligibility criteria. Particularly strict requirements apply to critical infrastructures.

Open source software in public procurement

The use of open source software is gaining in importance in public ICT procurement, as it reduces manufacturer dependencies, enables cost savings and promotes transparency. The "Public Money, Public Code" principle calls for software developed with public funds to be made available to the general public. In Germany, FITKO (Federal IT Cooperation) and ZenDiS (Centre for Digital Sovereignty) provide impetus in this direction.

Framework agreements and DPS in ICT procurement

In ICT procurement, public contracting authorities frequently use framework agreements (§ 21 VgV) and dynamic purchasing systems (§ 22 VgV) in order to be able to respond flexibly to changing requirements. Central purchasing bodies (such as the Federal Procurement Office's Kaufhaus des Bundes, KdB) offer pre-configured framework contracts for common ICT products.

FAQ

Is it mandatory to refer to open standards in ICT procurement? Yes, Article 42 of Directive 2014/24/EU requires the use of open, non-discriminatory technical specifications; product-specific references are only permissible where a description of the performance requirements is not possible, and must be accompanied by the addition "or equivalent".

How can vendor lock-in be avoided in ICT procurement? By using functional rather than product-specific specifications, by requiring open interfaces (APIs), by imposing portability obligations for data and by requiring exit strategies in the contract terms.

Can agile development methods be reflected in procurement law? Yes, via procedures such as the negotiated procedure, innovation partnerships or multi-stage framework agreements; the procurement documents must, however, comply with the procurement principles (transparency, equal treatment).

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