In a landmark move, Switzerland has become the first country in the world to mandate the use of open-source software (OSS) in its public sector. This groundbreaking legislation, known as the “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG), marks a significant shift towards transparency, security, and efficiency in government operations.
The new law requires all public bodies in Switzerland to disclose the source code of software developed by or for them. This “public money, public code” approach ensures that taxpayers can see exactly how their government software works. Transparency fosters trust and allows for public scrutiny of potential security vulnerabilities or biases within the code.
The road to this legislation wasn’t smooth. Back in 2011, the Swiss Federal Supreme Court published its court application, Open Justitia, under an open-source license. This move sparked a decade-long legal battle with a proprietary legal software company. Finally, in 2023, the EMBAG solidified Switzerland’s commitment to open source.
Professor Dr. Matthias Stürmer, a leading advocate for the law, believes it will benefit everyone. Open source reduces dependence on specific vendors, which can lock governments into expensive and inflexible solutions. Additionally, it allows private companies to build upon and integrate with government software, fostering innovation and potentially driving down costs for taxpayers.
The EMBAG goes beyond just software. It also mandates the release of non-personal and non-security-sensitive government data as Open Government Data (OGD). This dual approach, often referred to as “open by default,” signifies a major leap towards open government practices. By making data and software readily available, Switzerland promotes collaboration within the public sector and encourages the public to develop new applications and insights.
The successful implementation of the EMBAG is expected to serve as a model for other countries seeking to embrace open source. It highlights the potential benefits of digital sovereignty, fostering innovation and collaboration within the public sector. While the Swiss Federal Statistical Office leads the implementation, challenges remain in terms of managing the organizational and financial aspects of large-scale open-source releases.
Across Europe, there’s a growing trend of open-source adoption. France, for example, has publicly declared its love for open source, and its National Gendarmerie utilizes Linux on its computers. The European Union (EU) has also been actively supporting open source through initiatives like the Free and Open Source Software Auditing (FOSSA) project. However, concerns exist regarding potential funding cuts for crucial open-source projects like the NGI Zero Commons Fund.
The United States, in contrast, lags behind in its embrace of open source. While policies like the Federal Source Code Policy and the General Services Administration’s OSS Policy encourage open-source development and use, they lack the mandatory nature of Switzerland’s EMBAG.
Switzerland’s pioneering legislation positions it as a global leader in the open-source movement. Its success has the potential to inspire a wave of similar policies worldwide, ultimately leading to more transparent, secure, and innovative government operations. However, challenges remain in both Europe and the US, requiring continued efforts to promote the benefits of open source and create a supportive environment for its adoption.
