The entry into force of the GDPR is not without significance for the requirements imposed on contractors in tenders. One of the issues of controversy concerns the so-called the RODO certificate.
RODO certificates are certificates confirming compliance of existing personal data processing systems in the enterprise with the RODO Regulation. Such certificates are issued by the President of the Office of Personal Data Protection and private companies that are accredited by the Polish Center for Accreditation.
The basic doubt that may arise in relation to the above-mentioned certificate is the possibility indicated in the ToR with the obligation to have the RODO certificate as one of the conditions for participation in the procurement procedure. Due to the fact that obtaining such a certificate requires additional financial expenditures and not all contractors have this document, formulating such a condition could create unequal opportunities for contractors.
The Ministry of Digitization initially took the position that the possession of the certificate would not be mandatory, and only it could be additionally scored by the awarding entities in tenders. It should not, therefore, result in exclusion from the proceedings.