Switzerland took an important step forward in the field of open source software with the adoption of the new law “On the use of electronic tools to perform state tasks” (Embag). This law obliges the public sector to use only open software (OSS) in order to increase transparency, safety, and efficiency of government operations.
Furthermore, the law mandates all state bodies to disclose the source code of software developed for them, unless restrictions on third parties or security considerations apply. This approach, known as “Public Money – Public Code,” aims to enhance interaction between the government and ordinary citizens.
The process of adopting the law began in 2011 when the Switzerland Supreme Court issued its Open Justitia judgment under the OSS license, leading to resistance from WebLaw, a developer of proprietary legal software. After a decade of political and legal battles, Embag was finally accepted.
Professor Matthias Sturmer, head of the Institute for Transformation of the State Sector at Berne University of Applied Sciences, was a key supporter of this law. Sturmer believes that this presents “a great opportunity for the government, IT industry, and society,” as it will reduce the public sector’s dependence on suppliers, allow companies to expand digital solutions, potentially decrease IT costs, and improve services for taxpayers.
Embag requires the disclosure of non-certified and unanticipated information as open government data (OGD), signifying a significant shift towards greater openness and practical reuse of software and data.
It is anticipated that the implementation of Embag will set an example for other countries considering similar measures, promoting digital sovereignty, innovation, and cooperation in the public sector.
The Federal Statistical Department of Switzerland (BFS) leads the implementation of this law, while the organizational and financial aspects of OSS release still need clarification. In contrast, the US has Open Source support but on a less significant scale than in Europe where full use is not mandatory.
Switzerland’s adoption of this law places it at the forefront of the global movement for open software, but its implementation will require substantial efforts and resources to address technical, organizational, and legal challenges.
Nonetheless, Switzerland’s step could spark similar initiatives in other countries, particularly in Europe where there is already a trend towards greater openness in the public sector.