Article 35. Access to documents and confidentiality.

1. The contracting authorities and granting bodies shall ensure digital access to the documents of the awarding and execution procedures of public contracts, through direct acquisition of the data and information entered into the platforms, pursuant to articles 3-bis and 22 and following of the law 7 August 1990, n. 241 and articles 5 and 5-bis of the legislative decree of 14 March 2013, n. 33. 2. Without prejudice to the regulations established by the code for contracts which are classified or whose execution requires special security measures, the exercise of the right of access is deferred: a) in open procedures, in relation to the list of subjects who have submitted offers, until the deadline for submitting them has expired; b) in restricted and negotiated procedures and informal tenders, in relation to the list of subjects who have requested invitations or who have expressed their interest, and in relation to the list of subjects who have been invited to submit offers and the list of subjects who have submitted offers, until the deadline for submitting the offers themselves has expired; subjects whose invitation request has been rejected are allowed access to the list of subjects who have requested invitations or who have expressed their interest, after official communication from the contracting authorities or granting bodies, of the names of the candidates to be invited; c) in relation to the applications for participation and the documents, data and information relating to the participation requirements referred to in articles 94, 95 and 98 and the minutes relating to the admission phase of the candidates and tenderers, until the award; d) in relation to the offers and the reports relating to the evaluation of the same and the deeds, data and information prerequisites for this, until the award; e) in relation to the verification of the anomaly of the offer and the minutes referring to said phase, until the award. 3. Until the conclusion of the phases or the expiration of the terms referred to in paragraph 2, the documents, data and information cannot be made accessible or knowable. For public officials or those in charge of public service, the violation of this provision is relevant for the purposes of article 326 of the penal code. 4. Without prejudice to the regulations provided for contracts which are classified or whose execution requires special security measures, and except as provided in paragraph 5, the right of access and any form of disclosure: a) may be excluded in relation to the information provided in the context of the offer or in justification of the same which constitutes, according to a reasoned and proven declaration of the offeror, technical or commercial secrets; b) are excluded in relation to: 1) legal opinions acquired by subjects required to apply the code, for the resolution of potential or ongoing disputes relating to public contracts; 2) relationships reserved by the director of works, the director of execution and the testing body on the questions and reservations of the person executing the contract; 3) to the digital platforms and IT infrastructures used by the contracting authority or by the granting body, where covered from intellectual property rights. 5. In relation to the hypothesis referred to in paragraph 4, letters a) and b), number 3), access is permitted to the competitor, if indispensable for the purposes of defending his legal interests in court represented in relation to the tender procedure. EFFECTIVE FROM: 1 January 2024