Ordinance on the central electronic licensing platform (BWPV) - Scope (BWPV)

1. This regulation governs the organizational and technical operation of the central electronic authorization platform of the canton and ensures compliance with data protection principles.

1. The Authorization Platform aims to provide information technology support for administrative procedures for the issuance of permits

a) for the temporary structural use of public land in accordance with the Law on the Utilization of Public Land by Administration and Private Individuals of March 24, 1927, and the Ordinance on the Utilization of Public Land (Public Land Ordinance) of August 4, 2009;

b) for a permanent commercial use of public land under the Law on the Utilization of Public Land by Administration and Private Individuals of March 24, 1927, and the Public Land Ordinance, for a construction project according to the Construction and Planning Law (CPL) of November 17, 1999, based on a sewer request pursuant to the Cantonal Water Protection Ordinance of December 12, 2000;

c) by the Motor Vehicle Control of the Canton of Basel-Stadt;

d) for the employment of a foreign worker according to Art. 18 of the Federal Act on Foreign Nationals (FNA) of December 16, 2005, or according to Art. 4 of the Ordinance on the Gradual Introduction of the Free Movement of Persons between the Swiss Confederation and the European Community and its Member States, as well as among the Member States of the European Free Trade Association (FMPO) of May 22, 2002;

e) for the employment of a cross-border commuter according to Art. 25 FNA or Art. 4 FMPO;

f) for the employment of a national of Belgium, Denmark, Germany, Finland, France, Greece, Ireland, Italy, Luxembourg, Austria, Portugal, Sweden, Spain, Norway, Iceland, the Netherlands, the United Kingdom, or the Principality of Liechtenstein according to Art. 4 FMPO, as well as for the reissuance, conversion, and extension of a cross-border commuter permit.

1. Through the Authorization Platform, the following can be done

a) the explanation of the authorization procedure can be retrieved;

b) the authentication of the applicant can be performed;

c) an authorization can be applied for, and the current status of the authorization procedure can be viewed;

d) an application can be forwarded for processing and invoicing;

e) the communication between the applicant and the executing body of the authorization procedure can be carried out.

1. In this regulation, the following terms mean

a) Database: An organized collection of data that serves a central purpose and includes the organization of data, as well as their storage, formatting, management, access, manipulation, and presentation in a consistent form.

b) Dataset: A larger quantity of data from a specific data range contained within a database.

c) Identifier: A non-descriptive and immutable number that allows for the unique identification of a person or item as a functional element within a dataset.

d) Attribute: A characteristic of a person or item that can be objectively recorded and described.

1. The data required for the operation of the approval platform is compiled and managed in a central database.

2. The central database may contain the following identifiers and characteristics of the applicant for requested approvals according to Section 2

a) Name, first name, and date of birth of natural persons;

b) Company, name of the contact person, and information from the commercial register for legal entities;

c) Correspondence address and other contact details;

d) as well as identifiers related to the applicant.

3. It may also contain data related to the respective application, such as information about the status of the approval process or notes from the implementing bodies.

4. With the data entry via the approval platform's internet portal, additional data can be recorded for an electronic application

1. for an approval according to Section 2, letter a

a) Information according to paragraph 2, letters a to c regarding the invoice recipient and the responsible person, if these are not identical to the applicant;

b) Designation, location information, duration, and purpose of the use of common land;

c) Information on types of occupancy and installations;

d) Information about the planned event;

e) Information about the use of government services in connection with the use of common land and the application for a fee waiver;

2. for an approval according to Section 2, letter f

a) Family name, maiden name, and first name;

b) Date of birth, gender, and nationality;

c) Marital status;

d) Domestic and foreign addresses;

e) Identifier in the Central Migration Information System (ZEMIS);

f) as well as the number of children of the employee;

g) Characteristics according to letters a and b regarding the spouse and children if a residence permit is also applied for them;

h) Name of the responsible person;

i) as well as information about the nature and manner of employment with the employer;

3. for an approval according to Section 2, letters d and e, in addition to the information according to number 2

a) Information concerning the residency arrangement in the sending state;

b) Information regarding education and trained profession;

c) Information about the current and future employment relationship of the employee.

1. The data entered by the applicant via the online portal of the authorization platform shall be stored in the central database.

2. Companies that repeatedly apply for authorizations according to § 2 letters d to f can obtain a large customer access for this purpose.

3. The implementing bodies of administrative procedures pursuant to § 2 are obligated to transmit the data necessary for the fulfillment of the functions pursuant to § 3 to the central database.

1. In addition to the applicant, selected employees of the cantonal administration have access to the central database, particularly those of the implementing bodies of administrative procedures according to § 2.

2. The access authorization is divided into a query and an editing authorization. The editing authorization includes the rights to enter, modify, and delete data.

3. The access authorization for employees of the cantonal administration may include not only querying but also editing data in the central database, and should be granted on a personal basis to those who require it to fulfill their duties. The extent of each access authorization is determined by Appendix I of this regulation.

4. The scope of access authorization for the applicant is limited to querying data regarding the permits applied for by them.

5. The data protection regulations remain reserved.

1. Employees of the administration with access to the central database are required to maintain confidentiality towards third parties regarding such data.

1. Regarding information security, the Ordinance on Information Security (ISV) dated December 13, 2016, applies.

1. Data from the central database that are no longer needed for the fulfillment of tasks must be destroyed. The details are specified in Annex II.

2. The provisions regarding archiving in accordance with the Archives Act of September 11, 1996, remain reserved.

1. The Coordination Office for Licensing Affairs in the Presidential Department (Coordination Office) acts as the application coordinator of the licensing platform on behalf of the involved departments (service recipients).

2. An interdepartmental specialist and coordination committee for licensing affairs (Coordination Committee) reviews the requirements of the departments and develops proposed solutions.

3. The proposed solutions are assessed by the Specialist Commission for Information Logistics (FKIL) for their compatibility with the requirements for transaction-oriented service offerings in the area of electronic commerce.

4. The Information Commission (IK) examines the measures prioritized for implementation regarding the ongoing optimization of the cantonal licensing system from a strategic perspective.

5. The Central IT Services (ZID) are responsible, on behalf of the IK, for the technical operation of the electronic licensing platform and its technical security, ensuring the integrity of the data in the central database. Additionally, they are involved in the further development of the licensing platform.

1. For the fulfillment of the tasks pursuant to § 11 paragraph 5, a service agreement shall be concluded between the ZID (service provider) and the IK (service requester) with the involvement of the coordination office, which must particularly contain provisions on

a) Description of services;

b) Service quality;

c) Service recipients;

d) Role allocation;

e) Quality management;

f) Protection needs and security measures;

g) Internal accounting.

1. As a representative of the beneficiaries, the coordination office makes decisions in cases of uncertainty related to the operation and development of the licensing platform. It serves as the first point of contact for non-operational inquiries and is responsible for quality management. Its tasks consist of general tasks as well as specific tasks related to the central database. The general tasks include, in particular

a) Supporting the involved departments and offices in aligning process flows in an interdepartmental context and in relation to process review and quality assurance;

b) Communicating with the public and the business community to accommodate and align their interests and concerns in optimizing the service offering;

c) Leading the coordination committee;

d) Representing the interests of the licensing system in the FKIL;

e) Coordinating requirements and formulating orders to the ZID;

f) Managing the budget for the further development of the licensing platform;

g) Maintaining a directory of licensing processes according to the specifications of the relevant framework agreement on e-government cooperation in Switzerland.

2. With regard to the central database, the tasks include

a) Managing the database;

b) Ensuring compliance with data protection regulations;

c) Monitoring data delivery obligations according to § 6;

d) Managing and overseeing access permissions according to § 7;

e) Information security according to § 9;

f) Monitoring data destruction according to § 10;

g) Mediating disputes between implementing agencies of administrative procedures according to § 2 concerning data from the central database.

1. In order to implement a required operational and functional adjustment of the approval platform technically, without significantly impairing its ongoing use, this is carried out according to a standardized procedure.

2. For this purpose, a Change Advisory Board is formed, consisting of the Coordination Office, a person from the ZID responsible for the changes, the Coordination Committee, and, if necessary, experts to be consulted. This board assesses change requests from a professional and technical perspective and is led by the Coordination Office.

3. The procedure for change controls is methodologically based on recognized industry standards for information technology with defined roles, tasks, and procedures.

1. The right of the individuals concerned to access their own personal data, as well as to rectify incorrect personal data, is governed by data protection law.

2. A corresponding request must be addressed to the coordination office.

3. No fees are charged for the procedure to access one's own personal data.