Jurisdiction(s):
United Kingdom

Confidentiality in Public Procurement under the Procurement Act 2023: Transparency Duties, Section 94 Exemptions, FOI/EIR Interface, Data Protection, Litigation Disclosure, and Contrast with PCR 2015

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Practice notes

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STOP PRESS:

From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) have taken effect. Procurements commenced on or after that date must proceed under PA 2023, while those started under earlier rules must continue to be run and administered in line with those regimes.

Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011

See Practice Note: Introduction to the Procurement Act 2023—PA 2023.

This content relates to the Procurement Act 2023 regime

This practical guidance addresses public procurement governed by PA 2023. For guidance on confidentiality questions under the former framework, see Practice Note: How to deal with confidentiality issues, including during procurement litigation—pre-PA 2023.

Confidentiality in public procurement and the wider public sector context

This Practice Note should be considered alongside the Practice Note: Use of confidential information in civil proceedings. Safeguarding confidential material linked to a procurement subject to PA 2023 must be assessed against wider transparency aims and the public sector’s legal duties. These are set out within PA 2023...

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Deborah Ramshaw

Womble Bond Dickinson

Deborah is a nationally renowned procurement law specialist, noted for her commercial and pragmatic advice to clients. She is also WBD's Head of Procurement. Deborah advises clients in the public and private sector and uses her knowledge of acting for both sectors to provide practical advice on running processes which are as defensible as possible and advising bidders on how to challenge processes.Deborah has a particular interest in advising on procuring innovation and complex projects. Deborah has significant experience in establishing and using framework agreements. Deborah advises clients in a wide range of sectors including central and local government, NHS bodies, education, transport and utilities sectors and third sector organisations....

Emma Luscombe

Womble Bond Dickinson

Emma has over 10 years' experience advising on public sector projects, with a focus on procurement law, contracts, subsidy control and transparency laws such as the Freedom of Information Act 2000.On procurement law, she is advising and delivering training on the application of the Procurement Act 2023, as well as continuing to advise authorities and suppliers on the practical application of the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016 and the Concession Contracts Regulations 2016. This includes advising on procurement strategy and procedure, drafting and reviewing procurement documents, conducting bidder dialogue sessions and advising on standalone queries such as contracting authority status and 'Teckal' structures.Her advice on the Subsidy Control Act 2022 includes advising on the application of the Act to client projects, reviewing Principles Assessments and formal referrals to the Competition and Markets Authority.She also specialises in advising...

Web page updated on 21/05/2026

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