Electronic Signatures and Acts in Electronic Tools Used in Public Procurement

Michaela Poremská


The contribution analyses a specific role and character of electronic signatures and electronic acts in electronic tools which are used in public procurement. It describes a complete new legal regulation of electronic tools and acts taken electronically in awarding public contracts (Decree No. 9/2011 Coll.) that is in effect from 1st July 2011 and brings a lot of questions. The questions are connected with a new terminology, e.g. what does it mean "secured document" or if it possible to use handwritten signature or only electronic signature or what are processes of sending and receiving internal data reports of contracting authority?

Because of many questions there is still poor will of using online public procurement and it could become less and less popular. The situation is far away from the aims of the Ministerial Declaration approved on 24 November 2005 in Manchester, United Kingdom and i2010 eGovernment Action Plan: Accelerating eGovernment in Europe for the Benefit of All made on 25th March 2006 that stated: ”By 2010 at least 50% of public procurement above the EU public procurement threshold will be carried out electronically.“ In the Czech Republic there are only 18% of contracting entities using e-tenders (further see Report on performance of National Plan for the Introduction of Electronic Public Procurement 2006 – 2010 at http://www.portal-vz.cz/CMSPages/GetFile.aspx?guid=b4ee2397-f719-4237-a030-9e13a7d5a1b8)

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