TenderNed Terms of Use

19-11-2025: The Terms of Use of TenderNed have been revised. Please read these terms carefully before you start using TenderNed.

These terms apply to the use of TenderNed, the electronic system for public procurement and the announcements platform. TenderNed acts as the processor with regard to (personal) data contained in the system and in documents uploaded by users, in accordance with the General Data Protection Regulation (GDPR).

By accepting the Terms of Use, you confirm that you have read and understood these terms. TenderNed reserves the right to amend the Terms of Use. Users will receive a notification when the Terms of Use have been amended, so that they can explicitly accept them.

Contents of this page

Introduction

1. Definitions
2. Applications of TenderNed
3. Acceptance and application of the Terms of Use
4. Account and authorisations
5. Compliance with applicable laws and regulations
6. Publication of announcements
7. Data exchange
8. External links
9. Information security
10. Privacy statement and protection of personal data
11. Malfunctions and bugs
12. Closing and opening of the vault
13. Records management
14. Liability
15. Cookie statement
16. Intellectual property rights
17. Choice of law and jurisdiction
18. Questions or complaints

Introduction

Please read these terms and the system manual carefully before using TenderNed. TenderNed reserves the right to amend the manuals.

1. Definitions

Contracting Authority	Any entity that is required to carry out public procurement in accordance with applicable public procurement laws and regulations.
Data	All data and content of any nature supplied, created and/or obtained by a Contracting Authority or by an Economic Operator.
User	Any individual who has registered on TenderNed.
Economic Operator	A contractor, supplier or service provider.
Organisation	The organisation (Economic Operator or Contracting Authority) as registered in TenderNed.
Personal Data in TenderNed	The personal data entered by a User in the application.
Personal Data in Documents in TenderNed	The personal data contained in documents uploaded to or generated within TenderNed.
Processor	TenderNed, under the responsibility of the Minister of Economic Affairs.
Controller	For the Personal Data in TenderNed, the Minister of Economic Affairs is the Controller. For the personal data contained in the documents, the User who uploads the data is the Controller with regard to the content.

2. Applications of TenderNed

TenderNed consists of a public website (www.tenderned.nl), including the announcements platform, and an electronic system for public procurement. These are managed by the Netherlands Enterprise Agency (RVO), which is responsible for TenderNed. These Terms of Use apply to the use of the electronic system for public procurement and to the announcements platform.

Public website with announcements platform

The website www.tenderned.nl, including the announcements platform, is freely accessible to all. The website provides, among other things, information on how to use TenderNed. All announcements on the announcements platform are public.

The public data from the announcements is also available as a dataset. The data is updated every six months.

Electronic system for public procurement

TenderNed may be used, among other things, to publish announcements and to conduct public procurement procedures fully electronically. Only Contracting Authorities are authorised to conduct public procurement procedures via TenderNed. Economic Operators submitting tenders must provide their organisation details, supporting documents and tenders via TenderNed.

TenderNed uses TenderTrends: a model that searches for relevant public procurement procedures based on entered keywords and filters, and displays public data relating to them.

3. Acceptance and application of the Terms of Use

By registering on TenderNed, the User accepts these Terms of Use.

4. Account and authorisations

A User with the appropriate authorisation role may publish announcements or submit a tender or request to participate, provided that the User has an account linked to an activated Organisation.

Users may create an interest profile. This enables them to receive new announcements that match their interest profile by email.

An Economic Operator is activated once it has been registered using eHerkenning. A User can link themselves to an active Economic Operator by means of eHerkenning. If the Economic Operator is based abroad, the registration must be confirmed using an activation code, after TenderNed has approved the registration.

A Contracting Authority is activated once it has used the activation code provided following its registration on TenderNed.

Organisations are responsible for ensuring that TenderNed is used only by persons who are authorised or mandated to perform one or more tasks. TenderNed does not verify whether registered Users are in fact legally authorised or mandated, nor whether they are entitled to the user rights assigned to them.

In cases of misuse of an account, TenderNed reserves the right to block the account.

TenderNed advises Users to store their user credentials securely after registration.

5. Compliance with applicable laws and regulations

Users are responsible for ensuring the correct application of all applicable laws and regulations. TenderNed makes every effort to comply with all applicable laws and regulations.

6. Publication of announcements

TenderNed automatically ensures the mandatory publication of announcements in the online Supplement to the Official Journal of the European Union, Tenders Electronic Daily (TED). A Contracting Authority may not issue a correction until the announcement has been published on TED. For national procurement procedures, the Contracting Authority may indicate manually in TenderNed that publication on TED is desired.

7. Data exchange

Users are responsible for the accuracy, completeness and currency of the data they submit and exchange via TenderNed. TenderNed does not verify the accuracy, completeness or currency of this data. TenderNed is not a party to public procurement procedures published on TenderNed, has no access to the content of documents uploaded to the system by a User acting as an Economic Operator, and is not a party to any agreements arising from public procurement procedures published on TenderNed.

8. External links

TenderNed contains links to websites of organisations that operate entirely independently of TenderNed. TenderNed is not responsible for the functioning of these websites nor for the information provided on them.

9. Information security

TenderNed makes every effort to ensure the quality of its information security. TenderNed complies with the ISO 27001:2022 standard for information security. However, TenderNed cannot fully exclude the possibility that third parties may intercept data and gain access to its contents. TenderNed takes all reasonable measures to protect the files on its servers against viruses, but cannot guarantee that the announcements platform and the electronic system for public procurement are free from viruses at all times. TenderNed is not liable for this. TenderNed assumes that the User also implements appropriate security measures.

10. Privacy statement and protection of personal data

TenderNed collects and uses personal data (both of Users and Organisations) only for the applications described in section 2 of these terms and to optimise its services. Personal data are necessary to support the relevant statutory tasks, including conducting public procurement electronically and responding to queries submitted to the service desk.

TenderNed does not provide personal data to third parties and does not grant third parties access to such data, unless TenderNed is required to do so by law, for example under the Dutch Open Government Act (Wet open overheid) or pursuant to a court order.

TenderNed retains personal data of registered Users for as long and to the extent necessary for the use, statutory tasks and functioning of TenderNed.

Rights of the User

Upon request, each User is granted access to their own personal data processed by TenderNed. Users may amend and supplement this personal data.

A User may submit a request for the deletion of their personal data via the contact form. Such a request can only be granted if it is technically feasible, does not conflict with the tasks of TenderNed, including promoting compliance with applicable laws and regulations, and if the User has never participated in a public procurement procedure. Participation also includes sending messages via TenderNed to a Contracting Authority.

The Minister of Economic Affairs is the Controller for the processing of Personal Data in TenderNed, except for the data contained in documents uploaded to TenderNed by a User. All processing activities are listed in the processing register of the Ministry of Economic Affairs. In the event of a security breach resulting in a data breach of personal data registered in TenderNed, TenderNed will notify the Dutch Data Protection Authority (Dutch DPA) and the User(s) whose data have been affected as soon as possible, in accordance with the Dutch Data Breaches (Reporting Obligation) Act (Wet meldplicht datalekken). TenderNed will also notify the National Cyber Security Centre.

If a User discovers a data breach, that User is also required to report the data breach to the Dutch DPA and to TenderNed.

Based on its public task, TenderNed generates and publishes data using the information entered in the electronic system for public procurement. TenderNed uses Chamber of Commerce registration data for this purpose. If your (trade) name contains your personal first or last name, TenderNed draws your attention to the fact that this name will be made public through publications on TenderNed. If you do not wish this, you may amend your organisation details in TenderNed.

Responsibilities of Users for uploaded documents

Users are responsible for ensuring that the information, data and documents they upload to TenderNed comply with the requirements of the General Data Protection Regulation (GDPR).

11. Malfunctions and bugs

The announcements platform and the electronic system for public procurement of TenderNed have been developed with the greatest possible care. However, TenderNed does not guarantee the error-free or uninterrupted functioning of the announcements platform and the electronic system for public procurement. A malfunction or bug cannot be completely excluded. TenderNed cannot guarantee that a malfunction or bug will not cause an inaccuracy in the announcement submitted by the User, or that a public procurement procedure will be published correctly. TenderNed is not liable for this.

In the event of a malfunction, TenderNed will inform Users of the (temporary) unavailability of TenderNed as soon as possible, via the service desk, the TenderNed website or otherwise.

If TenderNed is unavailable shortly before a deadline expires, preventing the relevant Economic Operators from submitting a request to participate or a tender in time, the Contracting Authorities and the relevant Economic Operators will receive a notification of the malfunction. A Contracting Authority may, upon request, be enabled to extend the deadline for submitting a request to participate or a tender. If a Contracting Authority chooses to extend the deadline, both the Contracting Authority and the relevant Economic Operators will be notified automatically.

TenderNed requests that Users report malfunctions and bugs to the service desk (via the contact form) as soon as possible. It is the responsibility of the Contracting Authority to inform the relevant Economic Operators in a timely and adequate manner of any consequences of the malfunction or bug for the procurement procedure.

Economic Operators are responsible for ensuring that their request to participate or tender is submitted on time.
TenderNed is not responsible for Users’ malfunctioning internet connections or telephone lines.

For more information:

12. Closing and opening of the vault

TenderNed stores all documents and data submitted by a User in an encrypted virtual vault. For all public procurement procedures, Contracting Authorities can only access a request to participate or a tender after the deadline for submission has expired and when the vault is opened in accordance with the ‘four-eyes principle’, that is, by two different Users entering a TAN code received by SMS.

Economic Operators may amend a request to participate or a tender up until the moment the vault closes, by withdrawing the original request to participate or tender and submitting a new one.

13. Records management

A User has access at all times to their own data entered in TenderNed. TenderNed reserves the right to remove data from its servers at some point after a (public procurement) procedure has been completed. In such cases, TenderNed will notify the User and enable them to archive the data. The obligation to archive documents under the Dutch Public Records Act (Archiefwet) rests at all times with the Contracting Authorities.

14. Liability

With respect to registered Users:

TenderNed does not verify the identity of a User, nor whether the User is mandated or authorised to act on behalf of an Organisation. Contracting Authorities and Economic Operators must monitor this themselves. TenderNed is not liable for any direct or indirect damage resulting from the improper use of user rights.

Content:

Users are responsible for the accuracy, completeness and currency of the data they enter or have entered in TenderNed. TenderNed does not verify the accuracy, completeness or currency of this data and is not liable for any direct or indirect damage resulting from this.

Information security:

TenderNed makes every effort to prevent third parties from intercepting data and gaining access to its contents. TenderNed is not liable for any direct or indirect damage resulting from any such breach.

Viruses on TenderNed’s servers:

TenderNed takes all reasonably possible measures to keep the files on its servers free of viruses, but cannot guarantee that the announcements platform and the electronic system for public procurement are virus-free at all times. The use of TenderNed cannot in any case result in liability for direct or indirect damage suffered by Users as a result of viruses.

Malfunctions and bugs:

Records management:

The obligations arising from the Dutch Public Records Act rest at all times with the Contracting Authority. TenderNed is not liable for any direct or indirect damage resulting from a Contracting Authority failing to comply with these obligations.

Privacy:

TenderNed is not liable for any direct or indirect damage resulting from a data breach identified in documents belonging to an Organisation that have been uploaded to TenderNed.

15. Cookie statement

The TenderNed website uses cookies within the limits of the applicable legal framework for logging into the electronic system for public procurement. A cookie (or technical equivalent) is a small (text) file placed on your computer by a website, in which personal settings can be stored. Disabling cookies, for example through browser settings, negatively affects the functioning of TenderNed and is therefore done at the User’s own risk.

TenderNed is not liable for any direct or indirect damage resulting from the use of cookies. TenderNed is not responsible for cookies placed by third parties and accepts no liability for them. TenderNed points out that you may remove cookies from your hard drive. In addition, you can disable cookies via your browser. Please consult the manual of your internet browser for instructions.

More information about cookies and how to disable them is available at veiliginternetten.nl, provided by the National Cyber Security Centre.

16. Intellectual property rights

The (intellectual property) rights relating to TenderNed, including TenderIQ, such as the rights to the texts, images, design, databases, photographs and other visual material (still and/or moving), audio material, formats, software, trademarks (including the TenderNed trademark and domain name) and other materials, are vested in the State of the Netherlands. The use of the trademark or other rights is permitted only with the prior written consent of TenderNed.

17. Choice of law and jurisdiction

These Terms of Use are governed by Dutch law. Any disputes may only be submitted to the competent court in The Hague.

18. Questions or complaints

Questions and additional information

If you have a question about TenderNed, please consult the information for Contracting Authorities and for Economic Operators on the website, or contact us via the contact form.

Service desk

The service desk is available on working days from 08:30 to 17:00 via chat, the freephone number 0800-836 33 76, or via the contact form, excluding public holidays.

Complaints

If you have a complaint about the functioning of the electronic system for public procurement or about our services, we ask that you submit it in writing. Your complaint is an important signal that helps us improve our services. To ensure proper handling, please submit your complaint via our complaints form. TenderNed aims for prompt handling of complaints and will inform you of the expected processing time.