NACE 69.1 – Legal Activities | Public Tenders

Definition: NACE 69.1 covers all legal advisory and representation services provided by lawyers, notaries and other legal professionals. In public procurement, this group is of central importance: authorities, ministries and public enterprises regularly award mandates for public procurement law, administrative law, construction law and other legal advisory services to external law firms.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026

What does NACE 69.1 cover?

NACE 69.1 (Legal activities) classifies all companies and professionals providing legal advice, representation and document preparation — a segment of particular weight in public procurement, as public contracting authorities rely on external legal expertise.

Group 69.1 within Section M (Professional, scientific and technical activities) and Division 69 is broken down into the following service areas:

Public contracting authorities need legal advice in particular in the areas of public procurement law, administrative law, public building law, data protection law (GDPR compliance), employment law as well as for contract drafting in complex procurement projects and public-private partnerships (PPPs).

Public Tenders: Sector NACE 69.1

Legal advisory services for public contracting authorities are a significant and growing market segment — more complex tender procedures, increasing regulation and more frequent review proceedings continuously increase the consultancy needs of public bodies.

Typical types of contract

• Public procurement law advice: Legal advice accompanying the preparation and conduct of tender procedures
• Review representation: Representation of public contracting authorities before public procurement chambers and procurement senates
• Contract drafting: Drafting and review of framework agreements, concession contracts and PPP contracts
• Administrative law advice: General legal advice for authorities, objection and litigation proceedings
• Data protection law advice: GDPR compliance, data protection impact assessments, advice on IT procurement law
• Construction law advice: Planning law, servicing law, public building law for infrastructure projects

Thresholds and procedure types

Legal advisory services are service contracts. The EU threshold (2024/2025: EUR 221,000 for central authorities, EUR 443,000 for other public contracting authorities) also applies here. However, lawyer services can be classified in certain Member States as "non-priority services". In practice, framework agreements for legal advisory services are frequently awarded in the open procedure or in the negotiated procedure.

Relevant CPV codes for NACE 69.1

Legal advisory services are mapped in public tenders through a specific CPV area covering various sub-areas of legal practice.

Current tenders with these CPV codes can be found on TED (Tenders Electronic Daily) as well as on national procurement platforms.

Who is NACE 69.1 relevant for in public procurement?

Public contracting authorities

Almost all public bodies need external legal advice. The need is particularly pronounced for federal ministries, which have complex legislative projects or international treaties supported. Municipalities and districts commission law firms primarily for public procurement law, public building law and administrative law. Public enterprises (e.g. municipal utilities, hospitals) need support on corporate law issues and public procurement law. Audit offices and supervisory authorities award specific audit support mandates.

Companies and bidders

Law firms and legal advisory companies participating in public tenders must typically:

• Specialist lawyer and specialisation evidence: Demonstrated expertise in the legal area tendered (e.g. specialist lawyer for public procurement law, administrative law)
• Reference mandates: Comparable consultancy mandates for public contracting authorities in the last 3–5 years
• Professional liability insurance: Sufficient cover amount in line with the contract volume
• Personnel capacity: Evidence of sufficient senior partners and associates to handle the contract
• Freedom from conflicts of interest: Declaration that no conflicts of interest exist

NACE 69.1 in context: Section M and Division 69

NACE 69.1 is part of Division 69 (Legal and accounting activities) within Section M for professional services — a central segment for the legal support of public contracting authorities.

• NACE M – Professional, scientific and technical activities: Parent section
• NACE 69 – Legal and accounting activities: Division with legal and tax advice
• NACE 69.2 – Accounting, bookkeeping and auditing activities; tax consultancy: Audit of public budgets
• NACE 70.2 – Management consultancy activities: Management consultancy for authorities

Frequently Asked Questions on NACE 69.1 and public tenders

Do legal advisory services have to be tendered publicly? In principle yes, where the threshold is exceeded. In Germany and Austria, lawyer services are fully subject to tendering. However, many public contracting authorities have concluded framework agreements with several law firms, under which individual mandates can be awarded without a new tender.

How are legal advisory services evaluated — by price alone or also by quality? Legal advice is a typical case in which quality criteria should dominate. Common award criteria are the qualification of the project team, the service concept, references and only secondarily the hourly rate. Pure price-based award is problematic for lawyer services under public procurement law.

What are framework agreements for legal advice? Framework agreements enable public contracting authorities to award individual mandates to pre-qualified law firms without a new tender procedure. They are concluded for 4 years (EU public procurement law) and may cover several firms (lots by legal area). Typical legal areas: public procurement law, construction law, employment law, corporate law, data protection law.

Are there special requirements for representation before public procurement chambers? Representation before public procurement chambers and procurement senates requires specific knowledge of procurement procedure law. Many public contracting authorities prefer firms with demonstrated experience in review proceedings and a written case strategy.

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