Public Procurement Act: Europe needs control over its digital infrastructure
The process to update European procurement rules has started. With the
proposal for the Public Procurement Act,
it is now up to the EU’s co-legislators to address its shortcomings to ensure that Europe can control its
digital infrastructure.
The European Commission has published its proposal for the Public
Procurement Act, laying the groundwork for a
reform of European procurement rules. Despite its broad scope – covering everything from furniture to cleaning
services – this proposal explicitly recognises Free Software as a way to pursue innovation objectives.
However, the proposal does not recognise Free Software’s contribution beyond innovation objectives, including to
resilience. This approach does not match the EU’s own sovereignty ambitions and does not
sufficiently address vendor lock-in, limited interoperability, and a lack of control over public digital
infrastructure.
The Public Procurement Act must turn Europe’s sovereignty ambitions into everyday procurement practice. The
European Parliament and Council should therefore:
-
make control over software the measure of technological sovereignty, ensured through the rights to use,
study, share, and improve it.
- ensure that these rights guide all software procurement, beyond innovation projects.
It is in Europe’s interest to gain control over its digital infrastructure. In order to achieve this, public
bodies need the ability to freely understand and modify the software they procure, to share it, and to choose
who maintains it. These abilities are crucial for technological sovereignty as well as spending tax payers money
efficiently. They matter whenever public bodies procure software, whether they are developing an innovative
solution or buying an established product. Choosing a European supplier alone does not guarantee control.
The FSFE outlined its position in a statement available
here (EN). More recently, Alexander Sander has spoken
about his initial impressions of the proposal, next steps, and what it means for Free Software in the
Software Freedom Podcast (EN).
As discussions advance in the European Parliament and Council, the FSFE
will continue engaging with relevant stakeholders to ensure that the
Public Procurement Act strengthens technological sovereignty through
Free Software.
If you want to stay up-to-date on the latest developments, consider
signing the “Public Money? Public
Code!” open letter and subscribing to the
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opportunities to
contribute to this work.
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