Laurens Vandercruysse, Athena Christofi, Caroline Buts, Michaël Dooms, Peggy Valcke

European Procurement & Public Private Partnership Law Review, Jahrgang 17 (2022), Ausgabe 2, Seite 81 - 93

Globally, cities are adopting smart city services processing personal data at a rapidly increasing pace. As custodians of the public interest, public spaces and fundamental rights, cities should consider the need to ensure data protection, and enable democratic oversight and accountability in their procurement processes. Traditional public procurement rarely offers the leeway to substantively tackle this challenge. However, pre-commercial procurement, which allows public sector administrators to be closely involved in the service research and development stage, and to genuinely co-create with private partners, may prevent mismatches between private sector offerings and public sector needs in smart cities. This article contrasts data protection governance in the context of traditional and pre-commercial procurement of smart city services. Through case studies, opportunities and pitfalls for public administrations are distilled. Keywords: smart cities; data protection; traditional procurement; pre-commercial procurement

Zbigniew Raczkiewicz, Antoine Malherme

European Procurement & Public Private Partnership Law Review, Jahrgang 14 (2019), Ausgabe 3, Seite 156 - 173

The new rules introduced in the European Union by the General Data Protection Regulation (GDPR) have a tremendous impact on all aspects of our lives, including public procurements. They apply not only to the domestic public procurements but also to the ones covered by international agreements, like the World Trade Organisation’s Agreement on Government Procurement (GPA). It is therefore interesting to analyse what impact the European Union data protection rules have on the application of GPA provisions, in particular if the former do not restrict the latter.