This publication is made pursuant to Article 124.1 of the Rules of Application of the Financial Regulation that provides for an ex-ante publication on the Institutions' websites of contracts with a value up to 135.000 EUR.

The European Commission will soon launch a call for tenders for a service contract of a maximum value of EUR 40.000.

The purpose of this call for tenders is drafting a “Legal study on Ownership and Access to Data”. A study shall provide additional evidence on emerging issues of ownership and access to data. The study shall provide evidence on the following questions:

  • What is the current EU legal regime defining what rights linked to data exist, how they can be exercised and by whom, in particular in a commercial context? What rights are defined in legislation for third parties wanting to access data held by a commercial entity? The study should explain in detail the aspects that the different legal instruments cover.
  • Are there inconsistencies in sector-specific rules that would make it difficult for business to develop or improve products or services based on data?
  • Is there legislation on rights to data at Member State level which may be difficult to reconcile with commercial arrangements involving actors in different Member States?
  • What is the role of competition law with respect to access and usage of data?
  • What aspects are not covered at all by legal instruments?
  • Can contractual arrangements provide an efficient legal framework for managing rights attached to data, including on exclusivity, exchange, exploitation or access to data? What elements are missing in legislation for contracts to perform this function – if any?

A draft of the invitation to negotiate that will be sent once the procedure is launched is available in the Annex.

For additional information please refer to the Annex for the draft full tender specifications.

Interested economic operators can express their interest to participate in the call for tender until 6 June 2016 in writing to CNECT-R2-EOI@ec.europa.eu.

No evaluation is performed at this stage. All the economic operators who have expressed their interest to participate in this procurement procedure within the above-mentioned deadline will be subsequently invited to submit a tender. The contracting authority reserves the right to also invite economic operators not included in the list of interested economic operators who responded to this ex-ante advertisement.

An economic operator may consider submitting a tender as a single entity or in collaboration with other service providers: either by submitting a joint tender with (a) partner(s) (assuming joint and several liability towards the contracting authority for the performance of the contract) and/or through subcontracting. In case of a joint tender with (a) partner(s), all partners must be identified in the expression of interest and cannot be modified at a further stage of the procurement procedure.

Only the candidates invited by the contracting authority to participate in this procurement procedure will be admissible.

Processing your reply to the ex-ante advertisement will involve the recording and processing of personal data (such as your name and address). Such data will be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless indicated otherwise, any personal data requested are required to register your interest to participate in the call for tender and will be processed solely for that purpose by the Data Controller. You are entitled to obtain access to your personal data on request and to rectify any such data that is inaccurate or incomplete. If you have any queries concerning the processing of your personal data, you may address them to the Data Controller.

Details concerning the processing of your personal data are available on the privacy statement:

You have the right of recourse at any time to the European Data Protection Supervisor for matters relating to the processing of your personal data.

For the purpose of this ex-ante advertisement, the Data Controller shall be the Head of the Unit "Finance", Directorate "Support", Directorate-General for Communications Networks, Content and Technology. Any queries concerning the processing of personal data of the Candidate can be addressed to the data controller by using the e-mail address mentioned under Point "Purpose of this call for tenders" of the present ex-ante advertisement and by indicating the reference of the ex-ante advertisement.

 

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