The point: Public authorities may legally prefer open-source software in procurement without violating public procurement regulations.
The Scientific Service of the German Bundestag has clarified that public authorities and government contracting entities may prefer open-source software over proprietary solutions. This clarification applies to public software procurement.
The Scientific Service of the German Bundestag has examined whether preferring open-source software over proprietary vendor solutions is permissible in the context of public procurement. The expert opinion fundamentally confirms the lawfulness of an open-source-first strategy in government software procurement.
For public contracting entities and administrations, this provides legal certainty in procurement strategy: contrary to concerns that preferring open source could violate European and German procurement law, federal authorities can anchor corresponding criteria in tender documents. This opens up scope for a strategy aimed at transparency, long-term security and cost savings.
The Open Source Business Alliance (OSBA) has taken this clarification as an occasion to highlight the significance of this decision. The expert opinion provides a foundation for CTOs and IT decision-makers in the administration to consciously weigh open-source and proprietary solutions without coming into conflict with public procurement regulations.
Source: borncity.com · Published 20 July 2026
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