Switzerland Makes Open Source Software Mandatory for Public Sector

Switzerland, renowned for its stringent privacy laws, has taken a groundbreaking step in public sector digital transformation by mandating the use of open-source software (FOSS) for all government agencies. This innovative move, which aligns with European trends towards transparency and efficiency, represents a significant shift in how government software is developed and managed.

Switzerland Leading the Way

Switzerland's move to open-source software in the public sector sets a precedent for other countries. Several European nations are also transitioning towards open-source solutions, recognizing the benefits of transparency, security, and cost-efficiency. However, Switzerland's comprehensive approach under EMBAG is particularly noteworthy for its mandatory nature and the stipulation to open-source government-developed software.

This initiative aligns Switzerland with the fundamental principles of blockchain technology—transparency and immutability. By embracing open-source and potentially integrating blockchain technologies, Switzerland is poised to enhance its digital governance framework significantly.

The Landmark EMBAG Legislation

The Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks, abbreviated as EMBAG, was passed in 2023 and recently enacted. EMBAG requires all public sector agencies in Switzerland to utilize open-source software and to open source any software developed by or for them. This law, encapsulated in the "public money, public code" principle, ensures that taxpayer-funded software is accessible and modifiable by anyone, enhancing transparency and fostering innovation.

However, the law allows exceptions where third-party rights or security concerns prevent code disclosure. This balanced approach ensures that while the majority of the software will be open source, critical security or proprietary concerns are still addressed.

Benefits of Open Source Software

The EMBAG law is expected to bring numerous advantages to Switzerland's public sector:

1. Transparency: By making source code publicly available, the government enhances transparency, allowing citizens to scrutinize and understand how their data and services are managed.
2. Security: Open-source software can be more secure as it allows for continuous public auditing and rapid identification and fixing of vulnerabilities.
3. Efficiency: Open-source solutions can reduce costs by avoiding expensive licensing fees and reducing reliance on single vendors.
4. Innovation: The open-source model fosters innovation by allowing developers to build upon existing solutions, improving and adapting them to meet specific needs.