Swiss Government Goes All-In on Open Source with New Law
After nearly 13 years of deliberation, the Swiss government has finally enacted the Federal Law on the Use of Electronic Means for the Performance of Government Tasks (EMBAG). This law mandates that all public sector entities must use open-source software to enhance transparency, security, and efficiency.
The law also requires all government departments to disclose the source code of software developed by or for them, except in cases where third-party copyright or security concerns warrant an exemption from this requirement.
Initially, the Swiss Federal Supreme Court published certain legal software under open-source licenses, which displeased the developer Weblaw, leading to a 12-year-long discussion.
By 2023, the EMBAG law was passed and implemented. It now not only mandates the use of open-source software by the Swiss government or its contractors but also requires the release of such software’s source code under open-source licenses.
Publishing proprietary software source code under open-source licenses has several implications. It allows other users, businesses, and government departments to use the software, but it may also expose security vulnerabilities, necessitating active collaboration between developers and the open-source community to identify and fix these issues.
Some proprietary software may have inherent third-party copyright issues. For example, if a third-party developer licenses their software to the Swiss government rather than developing it specifically for them, the third party retains ownership of the software, preventing it from being open-sourced under contractual agreements.
Professor Matthias Sturmer, Director of the Public Sector Transformation Institute and a key advocate for this law, praised it as an excellent opportunity for the government, IT industry, and society. He believes everyone will benefit from this law as it reduces vendor lock-in, meaning the government will no longer depend on specific software suppliers and solutions.
In addition to mandating open-source software, EMBAG requires the publication of non-personal and non-sensitive government data as Open Government Data (OGD), ensuring that this data is promptly made available in open databases for public access.
Currently, Switzerland is the first country globally to adopt a law similar to EMBAG. This legislation is expected to serve as a model, encouraging other countries and regions to embrace open-source software to enhance transparency, innovation, and collaboration.
Via: ZDNet
