Nadia-Ariadna Sava

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 3, Page 177 - 184

As of October 2023, the eForms Regulation will become the mandatory standard for public procurement data collection above the thresholds, including data on sustainability. The eForms have the potential to collect sustainable public procurement data and kickstart the process of monitoring green and social public procurement in all Member States. Nevertheless, in their current form, it is improbable that eForms can achieve this goal, because the Regulation makes all sustainable data collection fields optional. Member States can decide to collect sustainable public procurement data, but they lack proper incentives to do so. Both the European Union and Member States should take on the goal of creating a sustainable public procurement data infrastructure, with each its roles and obligations. Keywords: sustainable public procurement, eForms Regulation, data collection, digitalising public procurement, monitoring.

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

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 2, Page 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

Ana Lucia Jaramillo, Katerina Nikolaidou

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 220 - 228

The public sector in Europe can make use of artificial intelligence (AI) to boost its digital transformation. To improve public services in alignment with the European democratic values, principles and rights, public procurement can leverage the innovation of AI for the public good. Both AI and the Internet of Things (IoT), fueled with quality data, offer new possibilities to spark the innovative power of a city, a Smart City. The potential of AI is at the tip of our mobile phones and the connection to networks where data is shared. This can be useful to citizens and administrations, but not without challenges and risks. Therefore, this article explores what a Smart City is, and the benefits and risks of AI based solutions in the context of Innovation Procurement. It offers examples and refers to legal and ethical frameworks for the reuse of data. Keywords: data, artificial intelligence, smart cities, innovation procurement

Zbigniew Raczkiewicz, Antoine Malherme

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 3, Page 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.