Switzerland has taken a significant step towards promoting transparency and efficiency in government operations by mandating the use of open-source software (OSS) in the public sector. The new law, known as the Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks (EMBAG), 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. The journey towards this legislation began in 2011 when the Swiss Federal Supreme Court initiated discussions on the matter.
After more than a decade of heated political and legal battles, the Swiss government finally passed EMBAG in 2023. The law not only permits but mandates the release of OSS by the Swiss government or its contractors, provided that no third-party or security issues would restrict this release. Professor Dr.
Matthias Stürmer, head of the Institute for Public Sector Transformation, played a pivotal role in advocating for this legislation. He believes that the new regulation will benefit everyone by reducing vendor lock-in for the public sector, expanding digital business solutions for companies, and potentially lowering IT costs while improving services for taxpayers. In addition to the OSS mandate, EMBAG also requires the release of non-personal and non-security-sensitive government data as Open Government Data (OGD).
Switzerland mandates OSS for transparency
This dual “open by default” approach represents a significant shift towards greater openness and the practical reuse of software and data. The Swiss Federal Statistical Office (BFS) is tasked with leading the implementation of this law.
However, the organizational and financial details surrounding the OSS releases are still being worked out. Switzerland’s move could serve as a model for other countries considering similar measures, aiming to promote digital sovereignty and foster innovation and collaboration within the public sector. Europe has a history of supporting open-source initiatives, with France’s National Gendarmerie adopting OSS in 2023 and the European Union (EU) continuing to work on securing OSS through various initiatives.
In the United States, support for open source exists but is less robust compared to Europe. The Federal Source Code Policy requires federal agencies to release at least 20% of new custom-developed code as OSS but does not mandate its use. Similarly, the General Services Administration (GSA) promotes an “open first” approach for new custom code development, but more extensive adoption is needed.
Switzerland’s legislative move positions it at the forefront of the global open-source movement. However, ongoing efforts in both Europe and the US are required to fully realize the potential benefits of open-source software in government operations.
