ICT in Public Procurement Can Lead to Cybercrimes?
ICT in Public Procurement Can Lead to Cybercrimes?
Author(s): Michaela PoremskáSubject(s): Criminal Law, ICT Information and Communications Technologies, EU-Legislation
Published by: Masarykova univerzita nakladatelství
Keywords: Author's law; computer program; directive 2009/24/EC, eProcurement; public procurement; technical specifications;
Summary/Abstract: Authorship of computer programs is a wide question itself. The presentation will mention the new directive 2009/24/EC on the legal protection of computer programs. In public procurement the question is more complicated because in EU directives (2004/17/EC or 2004/18/EC) there is stated that technical specifications shall not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. In this situation - how contracting authority can preserve the author´s law and follow the rules? Public procurement, especially contracting authority is strictly controlled by authorities. Tender procedures are recently made with ICT (eProcurement) because the process is more transparent. Even there is such control made by state or transparent electronic public procurement, a lot of crimes are committed. Can we define these crimes in public procurement as cybercrimes?
Journal: Masaryk University Journal of Law and Technology
- Issue Year: 4/2010
- Issue No: 2
- Page Range: 157-172
- Page Count: 16
- Language: English