New Open Source law in Switzerland  ## Metadata - Author: [[Axel Thévenet]] - Full Title: New Open Source law in Switzerland - Category: #articles - Document Note: # Title: The Implications of Switzerland's EMBAG Law on Open Source Software --- tags: #Switzerland #OpenSource #EMBAGLaw Author: Unknown Source: https://www.ti8m.com/de/blog/open-source-gesetz-schweiz Reference: N/A --- ## Table of Contents: ### References ## Index Creation: - Public Sector Software Development - Mandatory Open Source Software - Impact of EMBAG Law ## 📝 Summary: Switzerland has introduced the EMBAG law, making open-source software mandatory for public sector bodies. This transition signifies a shift in governmental software development and procurement, supported by advocates like Professor Dr. Matthias Stürmer. ## 📖 Main Content: Switzerland, under the EMBAG law, mandates the use of open-source software in public sector bodies, promoting transparency, security, innovation, and competition. Professor Dr. Matthias Stürmer has been a key proponent of OSS, emphasizing the benefits of digital transparency and reduced reliance on proprietary software. ### 🗒️ Notes - EMBAG requires public bodies to disclose source code, aiming for transparency and efficiency. - Article 9 allows additional services related to OSS at cost-covering remuneration. - Initial resistance to the law was overcome through lobbying and debates. - EMBAG aims to serve as a model for enhancing digital sovereignty and innovation. ## 📖 References: https://www.ti8m.com/de/blog/open-source-gesetz-schweiz ## 🗣️ Paraphrase: 1. Switzerland's shift towards open-source software through the EMBAG law presents benefits for the government, IT industry, and society, fostering competition and innovation. 2. Professor Dr. Matthias Stürmer's advocacy for OSS emphasizes digital sustainability and transparency as essential in reducing dependency on proprietary software. ## 🧪 Hypotheses: - Future research could explore the long-term effects of EMBAG on digital innovation and competition. - Investigating the role of public-private partnerships in the implementation of open-source software laws. ### 📊 Methodology: Research could utilize qualitative interviews with government officials, IT industry representatives, and academic experts to understand the impact of EMBAG. ### ❓ Questions: - How can other countries adapt Switzerland's EMBAG law to improve digital governance? - Will the mandated use of open source software in the public sector lead to a more secure and cost-effective IT landscape? ### 🔮 Future Research: - Future research could explore the cultural and economic factors impacting the adoption of open source software in different countries. - Investigate the role of open source software in improving digital trust and innovation within governmental operations. ### 💡 Implications: The implementation of open-source software laws like EMBAG has the potential to advance digital transparency, security, and innovation within the public sector, providing a model for other countries to follow. ### ✅ Logical validity: The EMBAG law presents logical coherence in promoting transparency, security, and innovation while ensuring a competitive balance within the market. ## 🎯 Conclusion: Switzerland's EMBAG law marks a significant step in embracing open-source software, fostering transparency, security, and innovation within the public sector. As a model for other nations, the benefits of this legislative shift could have far-reaching impacts on digital governance and societal advancement. 🇨🇭 - Document Tags: [[open source]] - Summary: Switzerland has passed a law requiring public sector bodies to use open source software and disclose their source code. This change aims to enhance transparency, reduce costs, and foster innovation within government operations. The law is expected to serve as a model for other countries looking to adopt similar open source practices. - URL: https://joinup.ec.europa.eu/collection/open-source-observatory-osor/news/new-open-source-law-switzerland Picture of swiss flag Switzerland has enacted the ["Federal Law on the Use of Electronic Means for the Fulfilment of Governmental Tasks" (EMBAG),](https://www.fedlex.admin.ch/eli/cc/2023/682/de) establishing a mandatory requirement for open source software within public sector bodies. This legislative shift, championed by key figures such as Professor Dr. Matthias Stürmer, head of the Institute for Public Sector Transformation at the Bern University of Applied Sciences, signifies a paradigm shift in how governmental software development and procurement are approached. *"Switzerland's new 'public money public code' law is a great opportunity for government, the IT industry and society. All stakeholders benefit from this new regulation since the public sector can reduce vendor lock-in, companies can grow their digital business solutions, and taxpayers spend less on IT solutions and receive better services due to increased competition and innovation."* Professor Dr. Matthias Stürmer Professor Dr. Matthias Stürmer has been a pivotal advocate for this change. With a background in digital sustainability and open source community building, Stürmer has long argued for the benefits of OSS in enhancing digital transparency and reducing dependency on proprietary software. His involvement in various capacities, including his role at the Research Center for Digital Sustainability and as president of the [open source association CH Open](https://www.ch-open.ch/en/ueber-ch-open/). The EMBAG law stipulates that all public bodies must disclose the source code of software developed by or for them, unless precluded by third-party rights or security concerns. This mandate aims to ensure greater transparency, security, and efficiency in government operations by promoting the use of OSS, which allows for public scrutiny and contribution to the software code​​. One of the critical aspects of this law is encapsulated in Article 9, which not only mandates the disclosure of source code but also allows public bodies to offer additional services related to support, integration, or IT security, provided these services align with public tasks and are offered at a cost-covering remuneration. This provision ensures that while fostering OSS, the government can also maintain a competitive balance and avoid market distortion​​. The journey to this legislative milestone was not without its challenges. The concept of making OSS mandatory in the public sector was initially met with resistance. Key stakeholders, including members of the Swiss Parliament and various governmental bodies, engaged in extensive debates. Concerns ranged from potential intellectual property issues to fears of compromising security. However, through persistent lobbying and advocacy, notably by the [Parliamentarian Group for Digital Sustainability (Parldigi)](https://www.parldigi.ch/de/), a consensus was reached, leading to the final compromise that forms the current EMBAG law​​. The implementation of EMBAG is expected to serve as a model for other countries considering similar measures. The law aims to promote digital sovereignty and encourage innovation and collaboration within the public sector. As Switzerland adopts this approach, the benefits of open source software—greater security, cost efficiency, and enhanced public trust—may become more apparent. Source: <https://www.ti8m.com/de/blog/open-source-gesetz-schweiz> Photo by [Nadine Marfurt](https://unsplash.com/@nadine3?utm_content=creditCopyText&utm_medium=referral&utm_source=unsplash) on [Unsplash](https://unsplash.com/photos/green-trees-on-mountain-under-white-clouds-during-daytime-V5XWBdjVWKA?utm_content=creditCopyText&utm_medium=referral&utm_source=unsplash), New Open Source law in Switzerland, Axel Thévenet, 01j3b8b975zyyqf26k0e772361.