Disclosing commercially sensitive procurement information
The Information Commissioner’s Office (ICO) has issued some helpful guidance on how regulation 43 of the Public Contracts Regulations 2006 (which prevents disclosure of confidential information forwarded by the contractor during a procurement exercise) interplays with the exemptions and exceptions in the Freedom of Information Act 2000 and Environmental Information Regulations 2004 on disclosing confidential and commercially sensitive information.
Regulation 43 of the Public Contracts Regulations prevents a contracting authority from disclosing information forwarded to it by an economic operator (i.e. a bidder) which the bidder has reasonably designated as confidential.
However, contracting authorities are often subject to the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) which require them, if requested, to disclose information, unless an exemption (under FOIA) or an exception (under EIR) applies. The guidance explains how the two seemingly contradictory pieces of legislation interrelate, by setting out the process of analysis that the ICO will follow…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
In the recent case of West v Ian Finlay & Associates, the Court of Appeal found that net contribution clauses ‘are by no means unusual’.
The Financial Reporting Council has published changes to the UK Corporate Governance Code.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.