Transparency Principle in Procurement Law

The transparency principle obliges contracting authorities to conduct traceable, documented and published procurement procedures as a fundamental principle of EU procurement law.

Definition: The transparency principle is a fundamental principle of European and national procurement law that obliges contracting authorities to design procurement procedures so that they are traceable, documented and reviewable for all participants and the public, and that is concretised through publication, justification and documentation obligations.

Last updated: January 2026 · Legal status: Art. 18 (1) Directive 2014/24/EU; AT: § 20 BVergG 2018; DE: § 97 (1) GWB

What is the transparency principle?

Alongside the principle of equal treatment and the competition principle, the transparency principle is one of the three supporting pillars of European procurement law: it requires the entire course of a procurement procedure to be traceable and reviewable for bidders, applicants, review authorities and the public. The transparency principle is expressly anchored in Art. 18 (1) of Directive 2014/24/EU and is operationalised through a variety of specific individual obligations.

Transparency in procurement law does not merely mean the public publication of tenders, but covers the entire procedural course: from planning through publication and bid evaluation to the award decision and its justification.

Significance and function

The transparency principle serves a dual purpose: it protects bidders' interests through the traceability of decisions and at the same time protects the public interest in the economical and corruption-free use of public funds. Without transparency, effective review of procurement decisions would scarcely be possible.

Specific manifestations of the transparency principle

The transparency principle manifests itself in a series of specific obligations:

1. Publication obligations Contracting authorities must publish planned procurements in good time and completely. For above-threshold procedures, this is done via TED (Tenders Electronic Daily); for below-threshold procedures, via national platforms. The notice must contain all essential information so that companies can decide whether participation makes sense for them.

2. Prior information and planning notices With the prior information notice (Art. 48 Directive 2014/24/EU), contracting authorities can announce planned procurements in advance and thus increase market transparency.

3. Clear and unambiguous procurement documents The specifications, suitability requirements and award criteria must be drafted so clearly that all bidders understand the requirements in the same way and can calculate their bids accordingly.

4. Documentation obligations (procurement file note) The contracting authority must document all essential decisions and their justifications in the procurement file note (Art. 84 Directive 2014/24/EU; AT: § 150 BVergG 2018; DE: § 8 VgV). This includes the choice of procedure, the exclusion of bids, the evaluation decisions and the award reasoning.

5. Information obligations vis-à-vis bidders Unsuccessful bidders are entitled to be notified of the award decision and its reasoning and – within certain limits – to inspect the evaluation documents.

6. Retention obligations Procurement documents and the procurement file note must be retained for a statutorily prescribed period in order to enable review by audit offices and review authorities.

Relationship to other procurement principles

The transparency principle is closely linked to the principle of equal treatment: only if procedures are designed transparently can equal treatment of all bidders also be reviewed. It is also a precondition for competition: companies can only participate in competition if they are informed of tenders in good time and completely.

It should be noted, however, that transparency has limits: the obligation of confidentiality (Art. 21 Directive 2014/24/EU) protects the trade and business secrets of bidders. Transparency vis-à-vis the public and confidentiality vis-à-vis competitors must be carefully balanced.

Legal basis

The transparency principle is anchored at all levels of procurement law.

EU: Art. 18 (1) Directive 2014/24/EU (principles of contract award); Art. 84 (procurement file note); Art. 50, 55 (publication and information obligations)
Austria: § 20 BVergG 2018 (principles of the procurement procedure); §§ 55 et seq. (publication obligations); § 150 (procurement file note)
Germany: § 97 (1) GWB (principle of transparency); § 8 VgV (documentation); §§ 37 et seq. VgV (publication obligations)

Related terms

FAQ

What happens if a contracting authority breaches the transparency principle? Breaches of the transparency principle can lead in review proceedings to the cancellation of procurement decisions or of the entire procedure. In the case of serious breaches – such as the absence of any notice in above-threshold procedures – the contract may be declared void. In addition, financial corrections may be imposed on EU-funded projects.

Must contracting authorities answer all bidder queries publicly? Yes, as a rule. If a bidder asks a question on the procurement documents and the answer is relevant for all interested parties, the contracting authority must make the question and its answer accessible to all bidders – e.g. via the procurement platform. Only thus is it ensured that all bidders bid on the same information basis.

Does it infringe the transparency principle if criteria are introduced subsequently? Yes, clearly. Contracting authorities may not apply criteria in the bid evaluation that were not already announced in the notice or the procurement documents. The subsequent introduction or change of award criteria or their weighting constitutes a serious infringement of the transparency principle.

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