- Switzerland passes law requiring government software to be open source
- New legislation aims to increase transparency and reduce vendor lock-in
- Move puts Switzerland ahead of many nations in government tech policy
- Challenges remain in implementation and funding
Switzerland has taken a significant step in government technology policy by passing a law that requires the release of government-developed software as open source. This move positions Switzerland as a leader in public sector technology transparency and could influence how governments worldwide approach software development and sharing.
The newly enacted “Federal Law on the Use of Electronic Means for the Fulfilment of Governmental Tasks” (EMBAG) mandates that Swiss federal agencies disclose the source code of software they develop or commission, with exceptions for security concerns or third-party rights. This “public money, public code” approach aims to enhance government operations’ transparency, security, and efficiency.
The path to this legislation was not straightforward. It began in 2011 when the Swiss Federal Supreme Court released its court application as open source, which led to opposition from proprietary software companies. After more than a decade of debate and negotiation, EMBAG was finally passed in 2023.
Read more: What is open source and why does it matter
Benefits and challenges
Dr. Matthias Stürmer, head of the Institute for Public Sector Transformation at the Bern University of Applied Sciences and a key advocate for the law, explains its potential benefits:
“All stakeholders benefit from this new regulation since the public sector can reduce vendor lock-in, companies can grow their digital business solutions, and taxpayers spend less on IT solutions and receive better services due to increased competition and innovation.”
Despite the potential benefits, challenges remain in implementing EMBAG. The Swiss Federal Statistical Office is working on the organizational and financial aspects of the law’s implementation. Additionally, concerns about potential funding cuts for open-source projects in Europe underscore the ongoing challenge of balancing innovation with budget constraints.
Switzerland’s decision to make government software open source extends beyond a mere technical choice; it represents a commitment to democratic principles in the digital age. As nations worldwide address issues of digital sovereignty, cybersecurity, and public trust, Switzerland’s approach to radical transparency in government software will be closely monitored.
The success or challenges of Switzerland’s open source mandate could significantly influence government technology policies around the world. As code increasingly underpins many aspects of governance and public services, Switzerland’s bold step may prompt other nations to reconsider their approach to technology development and sharing in the public sector.
