4.1.2.  Concerns about protection of confidentiality

The majority of the contributors express concern that participants in the Competitive Dialogue could potentially gain access to confidential data. These contributors point out that under Article 29(6), first subparagraph, of Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, contracting authorities shall ask the participants to the dialogue to submit their final tenders on the basis of the solution or solutions presented and specified during the dialogue. It is claimed that this might lead to the unauthorized transfer of intellectual property, including innovative ideas, from one bidder to his or her competitors. The perceived consequences of this practice include a loss of improvements to public services and of benefits through innovation. Many of the contributors are also concerned that contracting authorities might unduly profit from know-how; unsuccessful bidders are not compensated.