Switzerland Mandates Open Source Software for Government Agencies with New EMBAG Act

Switzerland has taken a groundbreaking step in promoting transparency, security, and efficiency within its government operations. The Federal Act on the Use of Electronic Means for the Performance of Government Tasks (EMBAG), enacted in March 2023, mandates that all software developed by government agencies must be open source. This move, effective from July 2024, aims to foster an open and competitive digital environment.

The EMBAG Act requires government agencies to disclose the source code of their software, barring any third-party rights or security concerns. This provision ensures that the software is transparent and can be scrutinized and improved by the public and private sectors alike. The goal is to enhance security and efficiency while avoiding market distortions.

The decision to make open source mandatory has been long in the making. Discussions began in 2011, when the Swiss Federal Court released its court document management application, OpenJustitia, under an open source license. This initiative was designed to save taxpayers money by allowing other courts to use the software for free.

However, the move was met with resistance from companies like Weblaw, which argued that open source government software could harm private companies' competitive opportunities. Despite these concerns, the Swiss government has pushed forward, driven by the Parliamentary Group for Digital Sustainability and advancements in open source development.

Article 10 of EMBAG also requires that federal data be made public by default. This data, generated or acquired by government agencies, must be accessible to the public, excluding personal data or information protected by confidentiality. This aspect of the law aims to further enhance transparency and public trust.

Matthias Sturmer, president of CH Open, an advocacy group that promoted the law, lauded the legislation. “The new law represents a huge opportunity for governments, the IT industry, and society. The public sector will experience less vendor lock-in, companies can grow digital business solutions, and taxpayers will benefit from increased competition and innovation,” Sturmer stated.

The EMBAG Act is expected to revolutionize how the Swiss government approaches digital solutions. By requiring open source software, the government aims to set a precedent for other countries to follow, showcasing the benefits of an open and collaborative digital infrastructure.