Contracting Authority Profile:

For foreign companies participating in Czech public tenders, understanding the digital publication requirements is critical to avoiding severe financial penalties and procedural disqualification. This article provides clear answers on the most common mistakes made on the Contracting Authority Profile (profil zadavatele) within the National Electronic Tool (NEN) and the EU's Tenders Electronic Daily (TED). Learn how our English-speaking lawyers at ARROWS, a leading Czech law firm in Prague, EU, can help you navigate this complex system and protect your investments.

Do you need advice on this topic? Contact the ARROWS law firm by email office@arws.cz or phone +420 245 007 740. Your question will be answered by "JUDr. Jakub Dohnal, Ph.D.,LL.M.", an expert on the subject.

Your Digital Footprint in Czech Tenders: What is a Contracting Authority Profile?

In Czech public procurement, your company’s digital presence is not just a matter of convenience; it is a strict legal requirement. The central element of this presence is the Contracting Authority Profile (profil zadavatele). 

This is not merely a webpage but a legally defined electronic tool under § 28 of Act No. 134/2016 Coll., on Public Procurement (ZZVZ). It serves as the single, authoritative source for all documents and information related to a public contract, ensuring a transparent and auditable process.

The use of this profile is governed by fundamental legal principles that are rigorously enforced by the Czech Office for the Protection of Competition (ÚOHS). These principles—transparency, proportionality, equal treatment, and non-discrimination—are not abstract ideals. They are translated into a series of concrete administrative duties. 

For instance, the principle of transparency mandates the timely publication of tender documentation, written reports, and the final contract on the profile. A failure to perform these specific actions is not just "non-transparent"; it is a direct violation of the law that can trigger an investigation by ÚOHS.

The technical and prescriptive nature of the system is further defined by implementing decrees, such as Decree No. 345/2023 Sb., which specifies the required structure and data formats for the profile. This means that non-compliance is often a technical issue, such as failing to publish data in the correct machine-readable format. Any deviation from these rules constitutes a legal breach with significant financial and operational consequences.

FAQ – Legal tips about setting up your Profile

• Q1: Can we have more than one Contracting Authority Profile?
  A: No. Operating multiple active profiles is a direct violation of the law and is severely penalized by control authorities, especially in subsidized projects. This can lead to significant financial corrections. For assistance with consolidating or changing your profile correctly, contact us at office@arws.cz.
• Q2: What language must the documents on the profile be in?
  A: While the tender may be conducted in English, key official documents must comply with Czech law. Ensuring correct language use is vital to avoid ambiguity and legal challenges. Our team provides bilingual legal support to prevent misunderstandings. Get tailored advice by writing to office@arws.cz.
• Q3: Who is responsible for the data accuracy on the profile?
  A: The contracting authority is fully and solely responsible. Even if you use a third-party administrator to manage the tender, legal liability for any errors published on the profile remains with you. Need a legal review of your setup? Email us at office@arws.cz.

The National Stage: Managing Your Profile in the NEN System

The National Electronic Tool (NEN) is the Czech government's comprehensive information system for administering public contracts and concessions. For many public bodies, particularly central government authorities and state organizations, its use is mandatory for all procurement procedures. This means foreign companies bidding for these contracts must interact with the NEN platform.

However, the NEN system has a well-documented history of technical challenges and usability issues. Reports from users and even the Czech Supreme Audit Office have highlighted that the platform can be "complicated and user-unfriendly". Its development was marked by delays and changes in technical specifications, which led to sanctions from ÚOHS. This difficult user experience is not just an inconvenience; it is a direct source of legal risk.

Since the Contracting Authority Profile is often hosted within the NEN system, a simple user error on the platform can translate directly into a legal violation. For example, a decision by ÚOHS confirmed that even an accidental error, such as a broken hyperlink in the tender documentation published on NEN, can render the process non-transparent and open to legal challenges. The complexity of the mandatory tool itself thus increases a company's legal risk exposure.

At ARROWS, our lawyers possess not only a deep understanding of procurement law but also practical experience in guiding international clients through the operational challenges of the NEN system. We offer services such as professional training for employees to minimize the risk of user error and ensure your team can navigate the platform's complexities with confidence.

NEN-Specific Legal and Financial Risks

Legal risk and potential issues	How ARROWS helps
Incorrect Tender Publication: A simple misconfiguration in NEN leads to the tender documentation being inaccessible or incomplete, violating transparency rules and potentially invalidating the entire procedure.	Legal review of tender setup: We ensure all documents are correctly published and accessible before the deadline. For immediate assistance, write to us at office@arws.cz.
Failed Bid Submission: A supplier is unable to submit their bid due to a technical glitch or misunderstanding of the NEN interface, leading to legal challenges and the potential cancellation of the tender.	Drafting clear internal policies and providing employee training: We prepare guidelines and train your team on the correct use of NEN to prevent procedural errors. Need legal help? Contact us at office@arws.cz.
Broken Communication Trail: Using incorrect communication channels within NEN or failing to log communications properly leads to a non-transparent and challengeable process.	Legal consultations on procedural compliance: We advise on the correct communication protocols within NEN to ensure a fully auditable trail. Our lawyers are ready to assist you – email us at office@arws.cz.
Data Export and Archiving Failure: After the tender, the system fails to properly export all required data for legal archiving, exposing the company to future audit penalties for failing to meet its legal obligations.	Legal opinions on data retention: We provide opinions on meeting your long-term archiving obligations under Czech law. Get tailored legal solutions by writing to office@arws.cz.

The European Stage: When is Publication on Tenders Electronic Daily (TED) Required?

For higher-value contracts, the publication requirements extend beyond the national level to the European Union. Tenders Electronic Daily (TED) is the online supplement to the Official Journal of the EU and is the mandatory platform for publishing public contracts that exceed certain financial thresholds. Its purpose is to ensure fair and open competition across the entire EU Single Market.

The critical trigger for the legal obligation to publish on TED is the estimated value of the contract. An incorrect calculation of this value is a common and serious error. It can lead to a failure to publish on TED, which is a significant breach of both Czech and EU procurement law. For the 2024–2025 period, the key thresholds for the Czech Republic are:

• Supplies and services (central government): CZK 3,494,000
• Supplies and services (sub-central government, e.g., municipalities): CZK 5,401,000
• Construction works: CZK 135,348,000

Contracting authorities are strictly prohibited from artificially splitting contracts to stay below these thresholds—a practice known as "salami slicing." This is considered a severe violation aimed at circumventing competition rules and is actively investigated by ÚOHS. Once a tender is published on TED, it is visible to potential bidders across Europe, which increases both competition and the level of legal scrutiny from sophisticated international players.

This two-layer system, where a single mistake in value estimation can trigger a multi-layered legal problem at both the national and EU levels, creates a compliance trap for the unwary. ARROWS, as an international law firm operating from Prague, European Union, leverages its ARROWS International network, built over 10 years, to handle the complexities of cross-border tenders and potential disputes arising from EU-level publication.

FAQ – Legal tips about EU-level publication

• Q1: What happens if we miscalculate the contract value and don't publish on TED?
  A: This is a serious breach of the Public Procurement Act. ÚOHS can impose heavy fines, order the cancellation of the tender, or even prohibit the performance of an already signed contract, which can have fatal consequences for the project. For a legal analysis of your contract's value, email us at office@arws.cz.
• Q2: Do the same rules apply to all EU countries?
  A: While EU Directives set the framework, the implementation and specific thresholds (in local currency) vary by member state. The rules discussed here are specific to the Czech Republic. Our international network can advise on cross-border procurement matters across the EU. Do not hesitate to contact our firm – office@arws.cz.

The Most Common and Costly Mistakes on the Contracting Authority Profile

Based on official statements from ÚOHS and our firm's extensive experience, certain administrative errors on the Contracting Authority Profile occur with alarming frequency. These are not minor oversights; they are legal violations that attract severe penalties because they undermine the core principles of the procurement process. The simplicity of these tasks often belies the severity of the consequences, creating a compliance trap for even experienced teams.

Here are the most common and costly mistakes:

• Failure to Publish Key Documents on Time. Czech law imposes strict deadlines for publishing critical documents. The final signed contract (if its value exceeds CZK 500,000) and any subsequent amendments must be published within 15 days of their conclusion. The final price actually paid for the contract must be published within 90 days of project completion. Missing these deadlines is an offense that can lead to fines of up to CZK 1,000,000.
• Incomplete or Inaccessible Tender Documentation. The law requires that the complete tender documentation be published and remain accessible throughout the bidding period. Publishing only partial documents, omitting key annexes, or having broken links on the profile is a direct violation of the principle of transparency and can lead to the cancellation of the tender.
• Operating Multiple Active Profiles. The law explicitly prohibits a contracting authority from maintaining more than one active profile registered in the Public Procurement Bulletin. This error often occurs when an organization transitions to a new electronic tool (like NEN) but fails to formally deactivate the old one. Control authorities severely penalize this transgression, especially for projects with subsidy financing.
• Publishing Unanonymized Personal Data. Publishing documents containing personal data (e.g., names, contact details of individuals in competing bids) without proper anonymization is a critical error. It creates double liability under both the Public Procurement Act (ZZVZ) and the GDPR, risking simultaneous fines from two separate authorities: ÚOHS and the Office for Personal Data Protection.
• Using an Uncertified Electronic Tool. If the Contracting Authority Profile is hosted on an electronic platform that lacks a valid certificate of compliance with Czech law, the entire procurement procedure can be challenged and invalidated. This places the contracting authority in an extremely vulnerable legal position.

Critical Publication and Transparency Errors

Legal risk and potential issues	How ARROWS helps
Late Publication of Contract: The signed contract (value > CZK 500k) is published on the profile on the 16th day, one day past the legal deadline. This is an offense subject to a fine by ÚOHS.	Contract Drafting and Review: We manage the entire contract lifecycle, including ensuring timely publication to meet all legal deadlines. Need legal help? Contact us at office@arws.cz.
Forgetting to Publish Final Price: The project is complete, but the final paid price is not published within 90 days, triggering an automatic review and potential penalty from ÚOHS.	Preparation of Internal Company Policies: We create checklists and internal policies for your procurement team to ensure no mandatory publication step is ever missed. Get tailored legal solutions by writing to office@arws.cz.
Publishing Sensitive Personal Data: A list of participants is published without redacting personal contact details, leading to a GDPR breach and fines from two authorities.	Legal Review of All Published Documents: Our lawyers review all documentation for compliance with both procurement law and GDPR before publication. For immediate assistance, write to us at office@arws.cz.
Maintaining an Old, Active Profile: Your company switches to NEN but fails to formally deactivate the old profile, creating a situation of illegally operating two profiles.	Legal Consultations on Platform Transition: We guide you through the legally compliant process of migrating your profile to a new tool. Our lawyers are ready to assist you – email us at office@arws.cz.

How Can You Avoid Legal Risk and Financial Penalties?

The most effective strategy for navigating Czech public procurement is proactive prevention. Investing in expert legal guidance at the outset is far more cost-effective than dealing with the consequences of non-compliance, which can include lengthy ÚOHS investigations, substantial fines, the cancellation of tenders, and damage to your company's reputation.

ARROWS provides a comprehensive suite of services designed to mitigate these risks. Our approach is built on a unique combination of deep local expertise and a global perspective, making us the ideal partner for foreign companies operating in the Czech Republic. We support over 150 joint-stock companies and 250 limited liability companies and operate in 90 countries through our ARROWS International and ETL GLOBAL networks.

Our key preventative services include:

• Legal Due Diligence of Electronic Tools: We verify that any electronic tool or profile provider you use is fully certified and compliant with all technical and legal requirements under Czech law.
• Drafting Legally Required Documentation: Our team prepares legally sound tender documents, internal compliance policies, and procedural checklists to prevent common administrative errors.
• Professional Training: We offer certified training for management and procurement teams on the correct procedures in NEN and the specific obligations under the ZZVZ.
• Representation Before Public Authorities: We have extensive experience representing international clients in proceedings before ÚOHS and other administrative bodies, defending their interests and resolving disputes efficiently.

As an international law firm operating from Prague, European Union, we serve as a crucial bridge between global business practices and the specific, often challenging, realities of the local regulatory environment.

Proactive Measures to Ensure Compliance

Proactive Strategy	How ARROWS helps
Ensure Your E-Tool is Compliant: Before starting any tender, verify that the electronic platform you use meets all certification requirements under Czech law.	Legal Due Diligence of E-Tools: We conduct a thorough legal review of your procurement platform to confirm its compliance and protect you from invalidation risk. Want to understand your legal options? Email us at office@arws.cz.
Standardize Your Procedures: Create a robust internal process for all public procurement activities to ensure consistency and prevent ad-hoc errors.	Preparation of Internal Company Policies: We draft comprehensive, easy-to-follow internal directives for your procurement lifecycle. Do you need a contract prepared? Contact us at office@arws.cz.
Educate Your Team: Ensure the employees responsible for managing the profile and NEN are fully aware of the legal requirements and common pitfalls.	Professional Training for Employees: ARROWS provides certified training sessions for your staff, equipping them with the knowledge to manage procurement compliantly. Need legal help? Contact us at office@arws.cz.
Pre-emptively Address Ambiguities: Before publishing, have a legal expert review tender conditions to ensure they are not discriminatory or non-transparent.	Legal Opinions on Tender Documents: We provide expert legal opinions that identify and mitigate risks in your tender documentation before it goes public. For immediate assistance, write to us at office@arws.cz.

What’s the Next Step to Secure Your Public Contracts in the Czech Republic?

While the Czech public procurement market offers significant opportunities for foreign investors and suppliers, its complex digital framework presents substantial risks for the unprepared. Simple administrative errors can quickly escalate into serious legal and financial problems, jeopardizing valuable contracts and exposing your company to sanctions.

ARROWS is the essential partner for navigating these challenges. Our team combines deep knowledge of Czech procurement law with a pragmatic, international perspective tailored to the needs of foreign clients. As a leading Czech law firm in Prague, EU, we are committed to helping you succeed in this competitive market.

Don't let administrative errors jeopardize your multi-million Euro contracts. Our public procurement team regularly helps foreign clients succeed in the Czech market. For a consultation on how we can protect your interests, contact us today at office@arws.cz.

FAQ – Most Common Legal Questions About the Contracting Authority Profile

• We made a mistake and published the wrong document. What should we do?
  A: It is critical to act quickly and transparently. The procedure for correction depends on the stage of the tender and must be handled carefully to avoid creating new legal violations. An incorrect correction can be challenged. We can provide immediate guidance on the proper corrective procedure. For urgent help, contact us at office@arws.cz.

• How long must we keep documents available on the profile?
  A: The law requires that documents and information remain publicly accessible for a specified period, typically at least five years, even after the contract is completed. Failure to comply with these archiving rules can lead to problems during future audits. We can help you set up a compliant archiving policy. Get tailored legal solutions by writing to office@arws.cz.

• What are the rules for disclosing our subcontractors on the profile?
  A: You are legally required to publish a list of any subcontractor who received more than 10% of the contract value. This is a mandatory transparency requirement, and failure to comply is an offense. Our lawyers can draft the necessary documentation and ensure you meet this obligation. Need legal help? Contact us at office@arws.cz.

• Can a competitor challenge our tender based on a mistake on our profile?
  A: Yes. Any procedural error, including mistakes on the Contracting Authority Profile, can be grounds for a competitor to file an objection with you and subsequently a complaint with ÚOHS. This can lead to delays or even the cancellation of the entire tender. Protect your tender from challenges by writing to office@arws.cz.
• Our company is not based in the EU. Can we still bid on Czech tenders?
  A: Yes, but the rules are complex and depend on international agreements like the WTO Government Procurement Agreement (GPA). Access rights can differ for tenders above and below the EU financial thresholds. As an international law firm based in Prague, European Union, we specialize in advising non-EU clients on market access. Find out your options by emailing us at office@arws.cz.
• What is the difference between the Věstník veřejných zakázek (Public Procurement Bulletin) and the profile?
  A: The Bulletin (VVZ) is the official national journal for publishing formal notices (e.g., tender announcements, contract awards, cancellations). The Contracting Authority Profile is the electronic tool where all detailed documentation (like the full tender documents and contracts) is stored and made accessible. They work together, and information must be consistent between them. We ensure your publications are synchronized and compliant. Do not hesitate to contact our firm – office@arws.cz.