Preparing for the central digital platform: Key updates, supplier actions, and data protection insights under the Procurement Act

One of the more anticipated notes - Central Digital Platform and the Publication of Information - has now been published.

As part of the reforms, the current Find a Tender system will be improved to create a Central Digital Platform. Specifically, the platform will:

• Simplify the procurement process for suppliers: Suppliers will only need to enter their information once, which can then be reused across multiple tenders
• Collect data about procurement
• Be where all the procurement notices will be published, improving transparency by having them all in one place.

Separate guidance for contracting authorities in Wales is expected but has not yet been published at the time of writing.

Supplier information

Suppliers will need to act promptly once the platform is live. Before being awarded a contract, suppliers must:

• Register on the Central Digital Platform
• Upload their core supplier information, which is broken into four categories:
• Basic information: Company name, details, and SME classification.
• Economic and financial standing.
• Connected persons.
• Relevant exclusion grounds: Confirmation that no exclusion grounds exist, or disclosure of any applicable circumstances.

Data Protection

The increase in published notices under the Act will mean more data will be publicly available, including personal data (e.g. details of connected persons).

While the Act mandates transparency, it does not override data protection obligations. Both contracting authorities and suppliers need to be mindful of their obligations under data protection legislation, including compliance with the data protection principles and managing individuals' rights in respect of their personal data.

Disclosure of information

The Act introduces a stricter test for withholding information. Under Section 94, contracting authorities can only withhold information if:

• National security is at risk
• The information is commercially sensitive, and there is an overriding public interest in withholding it.

The contracting authority must be able to show that, absent a national security concern, there must be an overriding public interest in withholding sensitive commercial information. This contrasts with the position under the Public Contracts Regulations 2015 - where disclosure "might prejudice fair competition between economic operators".

Commercial sensitivity will be an important ground for suppliers to understand.   For suppliers, understanding what qualifies as commercially sensitive is crucial. This may include pricing, financial information which could affect the outcome of a future bid, intellectual property and trade secrets.

Where a contracting authority decides to withhold information, it must also publish or notify the fact they are withholding the information and the relevant ground in Section 94 to which it relates.

Record keeping

Contracting authorities must keep detailed records of all material decisions made throughout the procurement process, not just at the award stage. Records  must be retained for at least 3 years from the date the contract is entered into or if it is not entered into, the date on which the process was terminated. Contracting authorities should make sure they update their record management policies and retention schedules to reflect these changes.

Top tips

• Track the platform’s go-live date and register as soon as possible
• Make sure you consider if there is any commercially sensitive information which may need to be withheld from the publication of notices and the circumstances when you are permitted to do so
• Update your record-keeping policies and train staff on their obligations.

Please feel free to get in touch if you would like support and assistance on how to get ready for the Procurement Act. Contact Stephanie Rickard in our Public Sector team at 07384 251 896.

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