A board member’s liability covers many activities and may have various consequences, such as financial compensation, cash recovery, a ban on the conduct of business, and even a criminal penalty. This article explores areas where the board member may be held liable and looks at ways to mitigate this risk.

The public domain has recently contained information that highlights how the supplier’s behaviour affects competition. On the other hand, distortion of competition by the customer is not something that receives a detailed assessment. When it comes to making requirements for public procurement, the customer has discretion, but he often defines his requirements in a way that restricts bids or bidders, which generally distorts competition. This article explores how the customer’s behaviour can distort competition directly or indirectly by defining requirements or criteria in public procurement.