Switzerland Now Requires All Government Software To Be Open Source

Switzerland has enacted the “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG), mandating open-source software (OSS) in the public sector to enhance transparency, security, and efficiency. “This new law requires all public bodies to disclose the source code of software developed by or for them unless third-party rights or security concerns prevent it,this ‘public money, public code’ approach aims to enhance government operations’ transparency, security, and efficiency.” From the report: Making this move wasn’t easy. It began in 2011 when the Swiss Federal Supreme Court published its court application, Open Justitia, under an OSS license. The proprietary legal software company Weblaw wasn’t happy about this. There were heated political and legal fights for more than a decade. Finally, the EMBAG was passed in 2023. Now, the law not only allows the release of OSS by the Swiss government or its contractors, but also requires the code to be released under an open-source license “unless the rights of third parties or security-related reasons would exclude or restrict this.”

Professor Dr. Matthias Sturmer, head of the Institute for Public Sector Transformation at the Bern University of Applied Sciences, led the fight for this law. He hailed it as “a great opportunity for government, the IT industry, and society.” Sturmer believes everyone will benefit from this regulation, as it reduces vendor lock-in for the public sector, allows companies to expand their digital business solutions, and potentially leads to reduced IT costs and improved services for taxpayers.

In addition to mandating OSS, the EMBAG also requires the release of non-personal and non-security-sensitive government data as Open Government Data (OGD). This dual “open by default” approach marks a significant paradigm shift towards greater openness and practical reuse of software and data. Implementing the EMBAG is expected to serve as a model for other countries considering similar measures. It aims to promote digital sovereignty and encourage innovation and collaboration within the public sector. The Swiss Federal Statistical Office (BFS) is leading the law’s implementation, but the organizational and financial aspects of the OSS releases still need to be clarified.