3.

Paragraph 2 shall not prevent the disclosure of confidential information which: has already lawfully been made available to the public; is made public with the written consent of a bidder, person admitted to bid, or person applying for admission to bid; is required to be disclosed or to be publicly available by an obligation under Union law; is made public pursuant to a court order; is made public for the purposes of any criminal, administrative, or judicial investigations or proceedings carried out in the Union; is disclosed by an auction platform to the auction monitor for the purpose of enabling or assisting the auction monitor to carry out its functions or to fulfil its obligations in relation to the auctions; is aggregated or redacted prior to its disclosure, so that it is unlikely that information relating to the following is discernable: individual bids or instructions to bid; individual auctions; individual bidders, prospective bidders or persons applying for admission to bid; individual applications for admission to bid; individual relationships with bidders; is referred to in paragraph 1(f) provided that it is disclosed to the public in a non-discriminatory and orderly fashion by the competent national authorities of Member States for information covered by Article 25(2)(c) and by the Commission for other information covered by Article 25(2); is referred to in paragraph 1(g) provided that it is disclosed to persons working for Member States or the Commission involved in the competitive procurement process referred to in paragraph 1(g), who are themselves bound by an obligation of professional secrecy under their terms of employment; is made public after the end of a period of 30 months starting from either of the following dates, subject to any subsisting professional secrecy obligations under Union law: the date of the opening of the bidding window of the auction in which the confidential information is first disclosed with respect to confidential information in paragraph 1(a) to (d); the date of the termination of the relationship with a bidder with respect to confidential information in paragraph 1(e); the date of the auction monitor’s report or opinion with respect to confidential information in paragraph 1(f); the date of submission of the information in the competitive procurement process with respect to confidential information in paragraph 1(g).

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Source: EUR-Lex (Cellar) · retrieved 2026-10-30 · Text as adopted (Official Journal); later amendments are not incorporated in this text.