General Provisions (ArchV)

1. This Regulation governs

a) the organization, management, retention, and archiving of documents from the bodies of the canton, its institutions, and its corporations, insofar as there is no other stipulation in a regulation or ordinance pursuant to Articles 10, 12, and 12a of the Archive Act,

b) the archiving of documents from private individuals, to the extent that they fulfill public-law duties assigned to them,

c) the functions of the State Archives,

d) the accessibility and use of archival materials.

2. The Directorate of the Interior and Justice regulates the management of archives through an ordinance

a) ...

b) of the municipalities, their institutions, and corporations that are subject to the Municipal Act of March 16, 1998 (GG)[[2]](#enumeration_itemtext_content_fn_3159599_2_2_c).

1. Data carriers are all materials suitable for the temporary or permanent storage of analog or digital information.

2. Finding aids are tools necessary for locating, using, and understanding documents, such as organizational systems with metadata, physical or digital directories, registers, files, and lists. They include the following additional information about primary data

a) Structure (organization, layout, format, etc.),

b) Processing context (individuals, involved parties, output devices, transactions, etc.),

c) Content information.

3. Documents from digital systems are

a) Documents created as interim, auxiliary, or final products of electronic processing procedures and can exist in digital or analog form,

b) Documents that are accessible only in digital form and readable only with electronic aids (digital documents).

1. Authorities shall ensure that their business operations are adequately documented, so that their actions can be understood and verified at any time.

2. To this end, they shall only retain complete and reliable records.

3. The reliability of the records must be ensured through appropriate organizational and technical measures.

**1. Records are deemed worthy of archiving if they possess significant and enduring informational value for**

a. the protection of public interests,

b. the safeguarding of legitimate private interests,

c. administrative activity, legislation, or jurisprudence,

d. the documentation of the activities and organization of authorities,

e. the understanding of the present and history,

f. science and research.

**2. Records evaluated as not worthy of archiving must be destroyed following the expiration of the retention period in compliance with data protection legislation.**

1. Every authority shall establish a filing system as the basis for the storage of its records.

2. Within the filing system shall be recorded

a. The systematic method for organizing the records,

b. *** ...

c. *** The retention periods,

d. *** Information for the assessment of the records,

e. *** Additional metadata.

3. The systematic method for organizing the records

a. *** Shall reflect all functions of the authority,

b. *** Should be as simple, unambiguous, and appropriate as possible.

4. Every authority shall establish organizational regulations, which govern the processes and responsibilities in business management for the respective organizational unit.

5. The filing system and organizational regulations must be regularly reviewed and kept up to date.

1. In maintaining analog and digital records, the competent authority ensures that the confidentiality, integrity, availability, and traceability of the records are guaranteed by appropriate technical and organizational measures. The principles of information security legislation apply accordingly.

1a. For analog records, the registry-maintaining authority ensures that

a. durable information carriers, as well as writing materials and other aids, are used that provide assurance of sufficient longevity,

b. the archive rooms can be locked, and the records are protected from harmful influences, particularly from fire, water, dirt, moisture, sunlight, and pests,

c. unauthorized persons have no access to records.

2. The competent authority determines who is responsible for securing and maintaining the records.

1. Cantonal authorities shall provide the state archive with a copy of publications of documentary value for its library if they have

a **\*** published them themselves, or

b **\*** co-produced or financially supported them.

1. The exchange and transfer of archival materials is permitted, provided that the archival materials remain in the possession of public archives.

1. The Dispute Note pursuant to Article 14 paragraph 4 of the Archiving Act must be submitted in writing.

2. It must be identified as a dispute, include the name of the affected person, and be dated and attached to the documents at the corresponding location.

3. With regard to digital documents, paragraphs 1 and 2 apply accordingly.

1. ...

2. The State Chancellery is responsible for the organization, administration, and preservation of the documents of the Government Council and assumes the duties of the authority required to offer services.

3. The Directorates and the State Chancellery are responsible for archiving the documents of the commissions of the central administration within their jurisdiction and assume there the duties of the authorities required to offer services.

1. The following service providers and their legal successors are considered significant psychiatric care providers within the meaning of Article 9, paragraph 1, letter e1 of the ArchG

a University Psychiatric Services in Bern (UPD),

b Psychiatric Center Münsingen (PZM),

c Réseau de l'Arc SA.

The State Archive may issue directives concerning the organization, management, and storage of the records of the cantonal administration, particularly regarding business management (GEVER Directive).

The directives are approved by the Executive Council, except in cases of minor amendments or provisions of subordinate importance.

1. Upon initial creation, the authorities required to provide submissions present their organizational systems and regulations to the state archive for review and approval.

2. They periodically submit changes to the organizational systems to the state archive for ongoing review in accordance with its guidelines.

1. Documents are considered no longer in constant use and must therefore be offered to the State Archive when the obligated authority no longer frequently uses them; however, this must occur no later than ten years after the conclusion of the transaction.

2. The period mentioned in paragraph 1 can be extended by the State Archive if the obligated authority demonstrates that it continues to frequently need the documents.

3. The State Archive may adopt digital documents earlier, usually five years after the conclusion of the transaction, in the form of copies (screening model). It specifies the details in a delivery agreement in accordance with Article 17, paragraph 5.

The authority required to offer designates the documents it considers worthy of archiving as a proposal. It prepares the documents in such a way that they can be assessed for their archival value and, if necessary, archived without additional effort. The state archive evaluates the documents and decides on their archival value, taking into account the proposals of the authority required to offer. It decides whether documents are archived in paper form or in digital form.

1. When archival-worthy documents are processed in digital systems, the State Archive is to be involved early and in an appropriate manner during the planning of the systems.

2. The State Archive shall be granted access to all systems whose data must be evaluated for archival worthiness, particularly to the relevant project, system, and application documentation, insofar as this is necessary for the fulfillment of its duties. Access via retrieval procedure is excluded.

3. ...

1. Upon delivering analog documents, the state archive must also be offered the corresponding finding aids and any other auxiliary tools.

2. A delivery must include an inventory of the delivered documents, containing the following information

a) A brief description of the contents of the documents,

b) Indication of personal data,

c) Duration of the delivered series of documents.

3. The authorities obliged to make offerings are responsible for the transfer of archival materials. They must make the necessary arrangements with the state archive in advance.

4. The state archive prepares a delivery report for the delivered documents. This serves as a receipt for the delivering authority.

4a. The state archive may reject documents that do not meet the requirements for improvement.

4b. For the delivery of digital documents, paragraphs 1 to 4a apply correspondingly.

5. The details of the obligation to offer and delivery are regulated by the state archive in instructions and delivery agreements. Instructions on digital archiving are issued in consultation with the responsible bodies according to the legislation on digital administration.

1. The state archive fulfills the tasks assigned to it by the Archives Act.

2. It ensures the preservation of the archival materials entrusted to it and can take the necessary measures to do so.

3. It advises and assists the users of the archival materials within its capabilities.

4. It accepts requests for in-depth inquiries from the cantonal administration and parliamentary services, provided this does not result in disproportionate effort.

1. The State Archive operates a digital long-term archive for the records of the authorities obligated to offer.

1. The State Archive supervises the historical section of the municipal archives in collaboration with the Directorate for Internal Affairs and Justice.

2. It is the cantonal specialist body for municipal oversight regarding archival matters.

The State Archive maintains the register of cantonal coats of arms and the register of municipal coats of arms.

1. The holdings of the State Archives are generally available for public inspection in a physical or digital reading room.

2. For conservation reasons, archival materials may be provided for inspection on an alternative data carrier or in digital form. There is no entitlement to access the originals.

3. Requests for access must be justified in writing if access to personal data during the ongoing protection period is sought.

4. The procedure is otherwise governed by the information legislation.

1. The State Archive may restrict or deny access to certain collections or individual documents if the archival material in question, due to its age and condition, can only be accessed under special protective measures or cannot be accessed at all.

1. Inspection of archival materials may be temporarily denied due to disproportionate effort, particularly when the capacities of the staff of the state archive are exhausted due to the high number of users.

1. The State Archive may lend archival material to the delivering entity. This is subject to the restrictions on access to archived personal data in accordance with Article 14, paragraph 3 of the Archival Law.

2. For the purpose of scientific research, the State Archive may lend archival material to other archives, provided they guarantee proper handling and the protection of personal data.

3. For exhibitions outside the State Archive, archival material may be made available upon request, if

a) there are no concerns regarding conservation,

b) the required security during transport and at the exhibition location is guaranteed,

c) the intended purpose cannot be achieved through copies or similar means, and

d) the borrowed archival material is adequately insured or a sufficient guarantee is provided.

4. ...

1. When publishing archival material, a notice must be provided on

a) the origin (State Archive of the Canton of Bern),

b) all significant deviations from the original, such as in particular substantive changes and further edits,

c) the existence of any reproduction.

1. ...

1a

Public Access to Archival Material for Reproduction Requests

Archival material is available to the public for the creation of reproductions upon request, provided that

a) there are no conservation-related objections,

b) the state archive does not incur disproportionate effort,

c) the reproduction does not serve commercial purposes, or there is an appropriate authorization in accordance with Article 24 of the Archival Act (ArchG).

2.

The creation of individual copies for private use is permitted, subject to the regulations governing the use of the state archive.

3-4

...

1. The State Archives regulates the details of the use of its collections in both the analog and digital reading rooms in a usage regulation.

2. It may

a. prohibit users who grossly or repeatedly violate the usage regulations or the instructions of the staff in the analog reading room from using it, either wholly or partially,

b. take appropriate measures against the abusive use in the digital reading room, such as in particular blocking the user account.

1. The State Archive may take appropriate measures to ensure safety and order on its premises and to enforce its usage regulations, including ejecting individuals and issuing house bans.

The Canton may grant financial aid to the "Gosteli Foundation - Archive on the History of the Swiss Women's Movement" pursuant to Article 25a, paragraphs 1 and 2 of the Archiving Act.

The financial aid is agreed upon through a performance contract in the form of annual operating contributions.

The amount of the contribution shall be coordinated with the federal contribution and contributions from third parties.

1. Financial aid is granted specifically for services in the areas of archiving, cultural mediation, and public relations.

2. Archival materials are to be made available to the public for inspection free of charge as a general rule.

3. The further conditions for contributions and individual services are specified in the service contract.

1. The application for a contribution must be submitted to the State Archive no later than 13 months before the start of the contribution period.

2. As a rule, it must include the following information

a) a presentation of current and planned activities,

b) an overview of the services to be provided,

c) the amount and justification of the requested cantonal contribution,

d) information on the secured or requested federal contributions and other third-party funds, as well as the own contributions,

e) approved financial statements of the past three years, the current budget, and a projection of financial planning.

1. The provisions of the Ordinance of August 6, 1943, on District Archives3 shall remain applicable to the archiving of documents from the first-instance courts and the investigating magistrates' offices until the regulations foreseen in Article 12 of the Archives Act (ArchG) by the Higher Court and the General Prosecutor's Office come into force.

1. Ordinance of October 18, 1995, on the Organization and Duties of the State Chancellery (Organizational Ordinance SC, OrV SC)

2. Municipal Ordinance of December 16, 1998 (MO)

1. The following decrees are repealed

1. Ordinance of June 24, 1992, concerning the State Archive of the Canton of Bern (BSG 421.21),

2. Ordinance of August 6, 1943, concerning the District Archives (BSG 421.211).

1. This regulation shall enter into force on January 1, 2010.