Abstract

The article analyses the complexity of the procedure for verifying a claim of business secrecy. A limitation is posed by the logical structure of the proof to be introduced for this purpose. Indeed, evidence must be given as to the relevance of the information, the content of which has not been and cannot be disclosed as part of that evidence. The taking of such evidence, because of its logical structure in the context of a public procurement procedure, may be based on probability. There are cryptographic methods, which the current regulation does not introduce, that allow for certain proof. A change in this direction, however, would not simply involve a legislative change, but ensuring that the procedure itself is more open, that it extends over time and that evidence can be taken on a question-and-answer basis.