Legislator Case Law & Legislation
140.13 CH-BL

Ordinance on records management and administrative workflow (GEVER Ordinance) (GEVER-Verordnung) - Scope

9 Articles / Provisions · Switzerland · Canton of Basel-Landschaft
Open official source Machine-readable Markdown (.md)

Table of Provisions (9)

Statutory Text (9 Articles)

General Provisions

1. This regulation governs the record keeping of cantonal offices and the State Chancellery.

2. The State Archive may

a. issue directives on record keeping for public law corporations and institutions of the canton, or private entities undertaking cantonal tasks, and

b. provide recommendations for the Data Protection Supervisory Authority, the Financial Control Office, the Ombudsperson, as well as the courts.

General Provisions

1. Record-keeping supports business processing and ensures the traceability and transparency of governmental actions. It thus serves legal certainty as well as efficient administrative management.

2. The record-keeping pursuant to this regulation enables the departments and the State Chancellery to

a. organize and manage their business records;

b. support their business transactions with defined processes;

c. establish business oversight internally as well as with third parties or the district council.

General Provisions

1. Record Keeping: Systematic creation, processing, and filing of all documents that document the fulfillment of statutory tasks.

2. Documents: Documents refer to all recorded information, as well as all tools and supplementary data necessary for the understanding and use of this information.

3. Business Relevance: Documents are considered business-relevant if they are necessary for tracing a business transaction or for evidence of administrative activity. Business-relevant documents are processed in the GEVER system or in specialized applications.

4. GEVER System: A business administration system (GEVER system) is an IT system that, based on an organizational system and dossier principle, covers the functions of records management, process control, and business monitoring, and meets the requirements according to ISO Standard 15489. The following terms are of particular importance in the GEVER context

a. Business Transaction: Tasks are processed in the form of business transactions. A business transaction encompasses a business process as well as the associated documents. Generally, one dossier is maintained per business transaction.

b. Dossier: The dossier is the entirety of all business-relevant documents that are created, received, processed, classified, assigned, and registered for a business transaction. Dossiers are assigned a position in the organizational system.

c. Organizational System: The organizational system is structured hierarchically and systematically represents all tasks of a service office and the state chancellery.

5. Specialized Application: A specialized application is considered an IT system that supports a specific specialized task or a specialized business process. Documents in specialized applications are generally structured in database models.

Principles of Record Keeping

1. Recordkeeping and archiving are generally conducted in digital form.

2. The exchange of documents within the scope of business administration is generally conducted digitally without media disruption.

3. The digital document is treated as the authoritative version for the purposes of business administration.

Principles of Record Keeping

1. All departments of the cantonal administration and the State Chancellery process their matters principally in the GEVER system, which the Executive Council defines as the standard (cantonal GEVER system).

2. Before procuring or replacing specialized applications, the departments and the State Chancellery, in collaboration with the State Archives, examine whether they can fulfill their statutory duties using the GEVER system defined as the standard.

3. Parallel filing systems for business-relevant documents are not permitted. Special legislation remains reserved.

Principles of Record Keeping

1. Record-Keeping in the GEVER System involves the complete, proper, and systematic documentation of business transactions across all areas of responsibility and is based on the criteria of authenticity, reliability, integrity, and usability in accordance with ISO Standard 15489.

2. It is conducted on the basis of a classification system.

3. Business-relevant documents must be fully and reliably registered and compiled into dossiers.

Organization and Jurisdiction

1. The departments and the State Chancellery are responsible for

a. the registration, management, indexing, and monitoring of their business transactions and operations, so that their actions can be tracked at any time;

b. the implementation of digital primacy and the obligation to use GEVER;

c. the regulation of internal processes, responsibilities, and procedures of record management;

d. the enactment and implementation of the necessary internal organizational regulations;

e. the development and maintenance of their filing system;

f. the delivery of archival-worthy documents from the systems (special applications) they use.

2. The departments and the State Chancellery adhere to the guidelines of the State Archives in fulfilling these tasks.

Organization and Jurisdiction

1. The State Archive is the specialist office for questions of digital archiving and record management.

2. The State Archive advises and supports the departments and the state chancellery

a. in the efficient implementation of this ordinance;

b. by providing tools for record management and archiving.

3. The State Archive issues directives and imposes requirements on record management when necessary for the implementation of this ordinance.

4. It decides on exceptions concerning the digital primacy and the GEVER obligation.

5. The State Archive coordinates and monitors proper record management and archiving.

Transitional and Final Provisions

1. The introduction is carried out by the departments in accordance with the overall planning in agreement with the State Archive and the GEVER competence team.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →