What is the
right of access
Also known as: access to procurement documents
The right of access is the principle that procurement documents held by public bodies are open to inspection. It allows suppliers, media, and citizens to scrutinise how public funds are spent during procurement processes. In the EU/EEA, this right derives from national freedom of information laws and the transparency principles in Directive 2014/24/EU.
How does the right of access work?
Under EU procurement rules, contracting authorities must provide unrestricted and free electronic access to tender documents from the moment a contract notice is published (Article 53 of Directive 2014/24/EU). National freedom of information laws in most EEA countries also give anyone the right to request access to submitted tenders, evaluation reports, and the procurement record after the award decision.
No formal justification is required to make such a request — anyone can ask to see the documents.
Key exceptions
While transparency is the default, two main exceptions apply across most EEA jurisdictions:
- Deferred access during the procedure: Access to submitted tenders and evaluation documents is typically restricted while the competition is ongoing. Documents become accessible once the award decision has been communicated to participants.
- Protection of trade secrets: Confidential business information — such as unit prices, proprietary methods, or commercial strategies — must be withheld by the contracting authority. However, total prices and general qualifications are usually not considered confidential. The authority redacts only the specific sensitive information, not entire documents.
Why does the right of access matter?
The right of access is fundamental to accountability in public spending. It enables unsuccessful tenderers to assess whether the evaluation was fair and provides the factual basis for review and legal challenges. Tools like Cobrief can help suppliers stay informed about procurement opportunities and understand their rights throughout the process.
The right of access strikes a balance between protecting legitimate business secrets and ensuring that public procurement remains open and subject to scrutiny — a cornerstone of sound public procurement across the EU and EEA.