Review of Copyright in the DSM Directive

The European Commission, specifically DG CNECT, has issued a call for tenders for a study to evaluate the implementation of Directive 2019/790, which relates to copyright and related rights in the Digital Single Market. This service contract is estimated to be valued at €600,000 and is classified as an open procedure, allowing submissions from various entities, including consultancy services, research institutions, and legal advisory organizations, with no specific constraints on applicant types.

The geographic eligibility primarily targets organizations based in EU member states, though it may also extend to associated countries under the Digital Single Market initiative. The project's focus is on assessing the directive's impact on rights holders, service providers, and users across the EU, requiring thorough legal and policy analysis.

The maximum duration of the contract is set at nine months. The tendering process mandates electronic submission of proposals by July 14, 2025, with inquiries required to be submitted by July 4, 2025. Applicants must obtain a Personal Identification Code (PIC), which is essential for participation whether they apply as individuals or as part of a consortium.

The evaluation criteria for awarding the contract give 60% weight to quality and 40% to pricing, reflecting standard EU procurement practices aimed at ensuring value for money. The submission will be handled through an encrypted eSubmission system, capable of supporting various file types up to a maximum size of 50 MB per attachment and allowing for up to 200 attachments per submission. All submissions must comply with the established guidelines for the tender, emphasizing the need for extensive expertise in copyright law to meet the methodological and analytical requirements set forth in the directive evaluation.

This opportunity represents a significant initiative aimed at understanding the effects of the directive on the digital landscape within the EU and is open for competitive bids from qualified entities.

This is a call for tenders with procedure identifier EC-CNECT/2025/OP/0028. The call is for a review of Copyright in the DSM Directive. The submission method is electronic and the call is open for submission.

Directive 2019/790 on copyright and related rights in the Digital Single Market aims to modernize the EU's copyright framework, promoting creativity, innovation, and fairness. As required under Article 30(1) of the Directive, the Commission must carry out a review of the Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.

The study aims to provide DG CNECT with methodological and analytical support in gathering information on the application of the Directive in Member States and in assessing its impacts on right holders, service providers and users. The procedure type is an open procedure. The estimated total value is 600000 EUR. The TED publication date is 12/06/2025. The lead contracting authority is the European Commission, DG CNECT Communications Networks, Content and Technology. The main classification (CPV) is 79419000 Evaluation consultancy services. The nature of the contract is for services. The maximum contract duration is 9 months. The award method is the best price-quality ratio. There is no framework agreement.

The TED publication date is 12/06/2025. The date and time of the public opening is 15/07/2025 10:00 Europe/Brussels. The deadline for receipt of tenders is 14/07/2025 16:00 Europe/Brussels. The contracting authority is not bound to reply to questions submitted after 04/07/2025 05:00 Europe/Brussels.

The following documents are available for download:
Invitation to tender Invitation letter Published on 12/06/2025 Version 1 No translations available
Tender Specifications Tender specifications Published on 12/06/2025 Version 1 No translations available
Annex 6 Financial form Financial offer form Published on 12/06/2025 Version 1 No translations available
Declaration on honour (tenders) Declaration on honour (tender) Published on 12/06/2025 Version 1 No translations available
Draft contrat direct service Draft contract Published on 12/06/2025 Version 1 No translations available
Annex vat Draft contract annex Published on 12/06/2025 Version 1 No translations available
Annexes Draft contract annex Published on 12/06/2025 Version 1 No translations available
Appendix 2 Security requirements Draft contract annex Published on 12/06/2025 Version 1 No translations available
Appendix 3 Security baseline Draft contract annex Published on 12/06/2025 Version 1 No translations available
Statements-ipr-en Draft contract annex Published on 12/06/2025 Version 1 No translations available

Submissions must be sent exclusively at the address for submission given below. The submission method is electronic.

Some frequently asked questions (FAQ) are answered:
How to proceed if the system is slow or doesn’t work while uploading/downloading documents? Please make sure you use the latest versions of Google Chrome or Mozilla Firefox. If the issue persists, try the following steps: 1. Clear the cache and cookies on the Internet brows... Published on 13/02/2025 20:52
Which Internet browsers does eSubmission support? Please use the latest versions of Google Chrome or Mozilla Firefox. For the most up-to-date technical recommendations, click on the link System Requirements. You can access this link... Published on 13/02/2025 20:52
Is it possible to view the details of the submission after the deadline? The content of the submission is not accessible after submitting the tender as the system encrypts all attachments upon upload. Thus, the system will not allow decryption after the u... Published on 13/02/2025 20:50
Where can I find my submissions in Manage My Area, in the Funding & Tenders portal? Depending on the type or step of procedure, you can find the submissions in one of these sections: In ‘My Submission(s)’: tenders in response to open calls for tenders, requests to ... Published on 17/10/2024 20:40
Which size should attachments have? For attaching files to your tender submission, eSubmission accepts files that are less than 50 MB in size. Any larger sizes will not be accepted by the system. For the latest informa... Published on 17/10/2024 20:36
How should I name attachments in eSubmision? In eSubmission, you must name the attachments for your tender draft following the System Requirements. With regards to all attachment names, please see the following conditions: The ... Published on 03/10/2024 16:39
Can I submit a video in eSbmission? Which formats are supported? You can check the System Requirements of eSubmission: Published on 03/10/2024 16:37
I received an invitation from the F&T Portal but cannot view the procurement documents. Invited candidates can only see the procurement documents after having selected an organisation. Go to F&T Portal, “My Invitations”. Click on “Select Organisation” from the “Action” ... Published on 03/10/2024 16:37
Do I need to validate my PIC in order to submit a tender in eSubmission? The Personal Identification Code (PIC) is mandatory to participate in a call for tenders as a sole candidate/tenderer or as a member of a group (consortium). For subcontractors PIC i... Published on 03/10/2024 16:36
I have an issue uploading a file in eSubmission and it’s giving me an error. What do I do? When uploading a file in eSubmission, you must first make sure it follows the technical requirements of the system, which are as shown below. A)For procurement procedures: B)For req... Published on 03/10/2024 16:36
How many attachments can I upload per submission? The maximum number of documents the system will allow you to upload per tender is200 files. You are able to check the eSubmission System Requirements in the documentation by clicking... Published on 03/10/2024 16:35
Why do tenderers need a PIC? It is mandatory to register for a PIC if you intend to submit a tender or a request to participate. Only one PIC per organisation must be used. Therefore, if your organisation alread... Published on 23/04/2024 17:14
How do I register my organisation and get a Participant Identification Code (PIC)? First, check if the organisation is already registered using the Search PIC tool under 'How to Participate' > Participant Register. If your organisation is a bigger... Published on 23/04/2024 16:07
What is the validity period of a PIC? A PIC is unique and its validity is not limited in time. Published on 22/04/2024 22:55
How many languages does the system support? The system is multilingual and supports all 24 official EU languages. Published on 01/04/2024 19:56
Which is the character set encoding in the system? The character set encoding is UTF-8. Published on 22/02/2024 23:58
Does the system use encryption to ensure the integrity and the confidentiality of the information? Yes, the system encrypts all uploaded documents, using an asymmetric key as an encryption mechanism. Published on 22/02/2024 23:57
Which file types does the system support? The supported file types depend on the type of submission you want to make. The allowed file types are specified within the system requirements linked to the procedure in question. M... Published on 21/02/2024 23:55
Can I view and edit my draft submission? Until the deadline for the submission has been reached, submissions in the draft status can be edited, viewed and deleted. Published on 24/03/2023 21:32
In the submission report, under the name of our entity, "Legal form: UNKNOWN" is displayed while in the system, our legal form was correctly displayed. Is this a problem for the submission? No, it is just a display issue. This is not blocking for you: you can submit. Published on 03/08/2021 22:07
I sent my submission on time and a few days later, I received an automatic email informing me that the deadline for the reception of submissions had been reached. Does this mean that my submission was not correctly sent? No, this is an auto-generated notification sent when the time limit of receipt defined for the call for tenders has been reached. Until then, you had the possibility of withdrawing... Published on 03/08/2021 22:05

In summary, this tender opportunity is for a study to support the European Commission's DG CNECT in reviewing Directive 2019/790, which concerns copyright and related rights in the Digital Single Market. The goal is to assess the directive's impact on right holders, service providers, and users across EU member states. The selected contractor will provide methodological and analytical support to gather information and evaluate the directive's application. The tender is an open procedure with an estimated value of 600,000 EUR and a maximum contract duration of 9 months. Interested parties must submit their tenders electronically by 14/07/2025, following the guidelines and requirements outlined in the tender documents. A key requirement is having a Personal Identification Code (PIC) for participation. The eSubmission system supports various file types and uses encryption to ensure data integrity and confidentiality.

Eligible Applicant Types: The eligible applicant types are not explicitly stated, but based on the nature of the tender, it is likely open to consultancy services, research institutions, and other organizations capable of providing methodological and analytical support. The requirement for a PIC (Personal Identification Code) suggests that any legal entity can apply, either as a single applicant or as part of a consortium.

Funding Type: The funding type is procurement, specifically a service contract. The call is for tenders, and the nature of the contract is explicitly stated as "services".

Consortium Requirement: The opportunity is open to both single applicants and consortia. The documentation mentions the possibility of participating as a sole candidate/tenderer or as a member of a group (consortium).

Beneficiary Scope (Geographic Eligibility): The geographic eligibility is not explicitly stated, but given that it is an EU funding opportunity related to the Digital Single Market, it is highly likely that the primary target is EU-based organizations. However, eligibility might extend to organizations in countries associated with the EU or the Digital Single Market initiative.

Target Sector: The target sector is primarily related to copyright and digital rights within the Digital Single Market. This includes legal, policy, and economic aspects of copyright, as well as the impact of the DSM Directive on right holders, service providers, and users. The CPV code 79419000 indicates a focus on evaluation consultancy services.

Mentioned Countries: No specific countries are mentioned, but the opportunity is related to the EU's Digital Single Market, implying that all EU member states are relevant.

Project Stage: The project stage is focused on the evaluation and review of an existing directive (Directive 2019/790). Therefore, the expected maturity is at the stage of "evaluation" and "analysis" of the directive's application and impact.

Funding Amount: The estimated total value of the contract is 600,000 EUR.

Application Type: The application type is an open call for tenders, with electronic submission being the required method.

Nature of Support: The beneficiaries will receive money in exchange for services rendered, specifically for providing methodological and analytical support in evaluating the impact of the Directive 2019/790.

Application Stages: The number of application stages is not explicitly detailed, but it involves at least one stage of submitting a tender, followed by an evaluation process based on the best price-quality ratio.

Success Rates: The success rates are not mentioned in the provided text.

Co-funding Requirement: The need for co-funding is not explicitly mentioned.

Summary:

This opportunity is a call for tenders issued by the European Commission, DG CNECT, for a study to review Directive 2019/790 on copyright and related rights in the Digital Single Market. The primary goal is to gather information on the application of the Directive in Member States and assess its impacts on various stakeholders, including right holders, service providers, and users. The contract is valued at 600,000 EUR, and the maximum duration is 9 months.

The call is open to organizations capable of providing evaluation consultancy services, and submissions must be made electronically. A Personal Identification Code (PIC) is mandatory for participation, whether as a single entity or as part of a consortium. The award method is based on the best price-quality ratio. The deadline for submitting tenders is July 14, 2025, and any questions must be submitted by July 4, 2025. The eSubmission system supports various file types, with a maximum file size of 50 MB per attachment and a limit of 200 files per submission. The system also supports all 24 official EU languages and uses encryption to ensure the confidentiality of the information.