Article 127Electronic communication
1.Public buyers shall use electronic communication tools in all their exchanges with the economic operator in the procurement procedure. They shall use only generally available and non-discriminatory tools, and their communication shall be in conformity with the harmonised standard for procurement detail pursuant to Article 129(1) point (b).
2.Notwithstanding paragraph 1, public buyers may use other means of communication to the extent that electronic communication is not possible due to the specific technical requirements of the procurement procedure or to the extent that this is necessary for one of the following reasons:
(a)a breach of security of the electronic communication; or
(b)the protection of the particularly sensitive nature of data requiring such a high level of protection that it cannot be properly ensured by using electronic communication tools.
3.In all communication, exchange and storage of data, public buyers shall ensure that the integrity of data and the confidentiality of expressions of interest, tenders and innovative solution proposals are preserved and that they are able to exchange data with the economic operator through the interoperability network pursuant to Article 128. They shall examine the content of expressions of interest, tenders and innovative solution proposals only after the time limit set for submitting them has expired and shall ensure that any unauthorised access is detectable.
4.Notwithstanding paragraph 1 of this Article and Article 65, public buyers may require the use of electronic communication tools which are not generally available and non-discriminatory only where this is necessary for the conduct of the procurement procedure and where they provide free and equal access to such tools to all economic operators intending to participate in the procurement procedure.
5.In accordance with Articles 27 and 37 of Regulation (EU) 910/2014, public buyers may require the use of advanced electronic signatures or seals, advanced electronic signatures or seals based on a qualified certificate or qualified electronic signatures or seals for the signature of electronic communication by the economic operator.