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Switzerland mandates software source code disclosure for public sector
Switzerland has enacted the “Federal Law on the Use of Electronic Means for the Fulfilment of Governmental Tasks” (EMBAG), establishing a mandatory requirement for the disclosure of source code of software developed by the federal authorities themselves or by third parties, and insofar as the rights of third parties do not stand in the way. 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. interoperable-europe.ec.europa.eu/collection/open-source-observatory-osor/news/new-open-source-law-switzerland
Basically, the country now demands all software used officially by the government to be open source. The future looks brighter! Also read: cmscritic.com/the-swiss-dont-miss-on-open-source-how-switzerlands-embag-law-is-evolving-the-oss-landscape
The adoption of EMBAG was certainly a legal milestone, and more than a decade in the making.
Over that period, the Swiss government was embroiled in lengthy political and legal battles. There were numerous questions about existing agreements and the weight of international law. But in the end, the Swiss government achieved cooperation, applying radical changes to its e-government practices – specifically as it relates to the free reuse of its open source code.
Unlike other legislation efforts, EMBAG also breaks new ground by mandating the release of broader government data. While this precludes personal or highly secure information, its Open Government Data (OGD) model goes beyond transparency – easing the friction around reusing data for other applications and encouraging greater innovation and collaboration between government agencies.
Yiannis
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