Procurement: What – How? | Confidentiality declarations in procurement: the assessment criteria
  
  
      
      11  August  2025
    
  
      
      
  Article 2.23, paragraph 1, sub e of the Dutch Public Procurement Act provides the possibility to declare a procurement procedure confidential. In practice, this provision is rarely applied, resulting in limited case law. Recently, the District Court of The Hague issued a ruling concerning this article, clarifying the criteria against which a confidentiality declaration must be assessed.