1. État, peuple, Authorities » 17. Authorities » 170. General Provisions (GSVS)

1 This law aims to establish the conditions for the organization, operation, and use of the secure virtual counter.

2 It particularly seeks to promote the use of information and communication technologies by public administrations.

1 The present law applies to

a) the State;

b) mixed and municipal communes as well as sections, unions, associations, and other groups of communes (hereinafter referred to as "communal entities");

c) public or private bodies that perform tasks of public interest or tasks delegated by the State or the communes, and who enter into an agreement with the State for this purpose (hereinafter referred to as "third-party bodies");

d) users of the secure virtual counter.

2 It does not apply to proceedings before judicial authorities.

1 The terms used in this law to designate individuals apply equally to both women and men.

2 In this law, the term or terms

a) "public administrations" refer to the administrations and bodies mentioned in Article 2, paragraph 1, letters a, b, and c;

b) "user" refers to the natural and legal persons, as well as the entities, that have entered into a contract for the use of the secure virtual counter with the State;

c) "transaction" refers to a transmission of information or personal data between a user and a public administration, or between public administrations;

d) "secure virtual counter" refers to the secure cantonal communication infrastructure used between public administrations and users for services based on information and communication technologies.

1 Public authorities encourage the digitization of their processes, in particular

a) by informing the public and individuals conducting exchanges with them about digital services and methods for conducting exchanges with the administration electronically;

b) by training their staff in the procedures and resources of digitization, and by raising awareness of its opportunities and risks;

c) by creating incentives to voluntarily conduct exchanges with public authorities electronically;

d) by paying particular attention to user experience and process transparency to ensure user trust.

2 The State implements support and assistance measures for citizens in addition to the support provided by municipal bodies.

1 The Government exercises oversight over the secure virtual portal.

2 It assumes in particular the following tasks

a) it appoints the members of the commission for the secure virtual portal (Art. 7, para. 1);

b) it defines the services that can be offered to users via the secure virtual portal (Art. 11);

c) it enters into agreements with third-party bodies (Art. 12);

d) it enacts the implementing provisions of this law (Art. 24).

The State Chancellery performs the following tasks

a) it organizes the secure virtual portal administratively and manages relations with users;

b) it enters into user agreements for the secure virtual portal (Art. 14);

c) it maintains the register of users.

The Information Technology Service performs the following tasks

d) it is responsible for the technical infrastructure of the secure virtual portal;

e) it ensures the development of services of the secure virtual portal, in collaboration with public administrations;

f) it ensures the security of the virtual portal (Art. 10).

1 A Secure Virtual Counter Commission (hereinafter referred to as "the Commission") is established. It is appointed by the Government.

2 The Commission is composed notably of representatives from the State Chancellery, the IT Service, and public administrations offering services through the secure virtual counter.

3 The Commission evaluates the needs, defines a priority order, and provides preliminary input on important issues concerning the secure virtual counter.

1 Each user is granted a personal access right.

2 In order to identify the user and provide them with technical support, the State Chancellery and the information technology service are authorized to use the existing information in cantonal databases related to individuals and businesses.

3 Access rights are subject to continuous monitoring by the computer system.

1 Each transaction of a user, with the exception of transmitted data, is recorded in a history for a limited period.

2 The Government regulates, by ordinance, the implementing provisions, particularly those concerning the destruction of transactions recorded in the history.

1 The Information Technology Department continuously ensures the security of the virtual portal and makes necessary adjustments in line with technological advancements.

2 Only duly authorized individuals may intervene in the secure virtual portal's computer system.

1 The services of the secure virtual counter are defined by the Government.

2 They notably allow

a) providing users with simplified access to public administration services;

b) improving the efficiency of these services.

3 They particularly offer the user the possibility

a) to fill out forms and requests, as well as transmit information to public administrations;

b) to consult data and the progress status of files concerning them.

4 When the public administration fully grants the request addressed to it and no other person is affected in their interests, it may notify a decision, an authorization, or another required act via the secure virtual counter. If a party requests within five days, the act is confirmed in writing; in this case, the period for utilizing a legal remedy only begins from the written confirmation.

5 Furthermore, the Administrative Procedure Code applies. However, the Government can, by ordinance, provide for other cases in which the user or the public administration may resort to the secure virtual counter.

1 The municipal bodies offer online services primarily through the secure virtual portal.

2 The initial investment and operating costs of the secure virtual portal are covered by the State.

3 The development and operating costs of services that benefit municipal bodies entirely or partially are divided into 50% payable by municipal communes as well as mixed communes, and 50% payable by the State.

4 The costs charged to municipal communes and mixed communes are allocated proportionally based on the number of inhabitants determined annually by the cantonal public statistics on the permanent resident population.

5 Municipal bodies may fully finance the development of services that are not prioritized by the commission for all municipal bodies, provided they receive favorable advice from the commission.

6 If services developed under paragraph 5 are subsequently made available to all municipal bodies, the expenses initially incurred by the concerned body may be reimbursed. If applicable, the reimbursement is made within the framework of the triennial investment cost budget mentioned in Article 11b, paragraph 1.

1 A three-year budget for investment and operating costs that are the responsibility of municipal communes and mixed communes is established by the commission.

2 The portion billed to municipal communes and mixed communes is calculated based on the amounts actually recorded over the period.

1 The Information Technology Service provides the necessary personnel to municipal bodies for the performance of the services dedicated to them and for coordination with services offered by the State.

2 Personnel-related costs are included in the triennial budget and allocated in accordance with Article 11a, paragraph 3.

3 Other specific services offered by State representatives and municipal bodies are not billed.

1 Based on an agreement made with the State, third-party entities may also provide services through the secure virtual portal.

2 The agreement specifically defines the participation of the third-party entity in the investment and operational costs of the secure virtual portal.

**1. Subject to paragraph 3, the use of the secure virtual portal is optional.**

2. The Government may provide, by ordinance, certain advantages for users to encourage the use of the secure virtual portal for certain services; in particular, it may provide a reduction in the fees prescribed by legislation if an effective and corresponding decrease in the workload of public administrations can result from it.

3. The Government may, by ordinance, require municipal bodies, third-party entities, and certain categories of users, such as a professional body, to use the secure virtual portal for specific services if it significantly improves the efficiency of public administration.

The user enters into a usage agreement to access the services of the secure virtual counter.

A legal or contractual representative may have access to the data and information related to the person they represent and act on their behalf through the secure virtual portal, if they provide proof of their powers of representation to the State Chancellery.

1 Personal data regarding a user may be made accessible

a) to the user themselves;

b) to the user's representative, when the user has expressly consented to this.

2 After consulting the commission, the Government may provide, by ordinance, broader access to certain personal data in favor of a particular category of users, such as a specific profession, under the following cumulative conditions

a) the category of users regularly needs, within the scope of performing their duties, to be aware of the data;

b) the users and their collaborators are subject to professional or official secrecy, or they have each contractually committed to maintaining the confidentiality of the data;

c) the transmission of the data in question is proportionate to the objective pursued and is based on a sufficient public or private interest.

3 Public administrations and users as defined in paragraph 2 may only access the information available through the secure virtual portal if this information is closely related to their legal and professional activities.

1 With the exception of the temporary transaction history (art. 9), the data transmitted by users is not stored in the secure virtual portal system.

2 Anonymous site traffic statistics may be compiled and recorded on the secure virtual portal system.

3 The data, including sensitive data, sent by the user on the secure virtual portal may be stored in the State's computer systems and made available to the administrative units or municipal bodies that are the intended recipients.

The use of cloud computing services to host all or part of the secure virtual counter, or the utilization of cloud computing solutions, is possible provided that the legislation concerning data protection is complied with.

Additionally, the legislation concerning data protection applies.

1 The State shall not be liable for any direct or indirect damages resulting from the inability to access or use the secure virtual counter.

2 The information available is provided based on the records connected to the secure virtual counter, without any guarantee as to their accuracy; any potential inaccuracy does not incur any liability of the State.

The municipal bodies and third-party organizations that provide services through the secure virtual portal are solely responsible for the data provided and any damages that may be caused to the users.

1 The user is solely responsible for their computer system.

2 They bear all risks resulting from the use by a third party of their access rights.

Moreover, the Administrative Procedure Code governs the procedure applicable to decisions based on this law.

1 The use of the secure virtual counter is, in principle, free of charge.

2 However, a fee may be stipulated in the usage contract when a category of users has access to particular services that incur costs for public administrations.

3 A fee may be charged when a user requests new access rights or a specific technical intervention.

4 Otherwise, the provisions of the legislation on fees are reserved.

Art 23a

Notwithstanding Articles 11a, paragraph 3, and 11c, paragraph 2, the development and operational costs of services benefiting fully or partially the municipal authorities, as well as personnel costs for the years 2025 and 2026, shall be borne by the State up to a maximum amount of 568,900 francs.

1 The Government shall regulate, by means of an ordinance, the provisions necessary for the implementation of this law.

2 It may in particular enact provisions concerning

a) the regulation of access rights, particularly its initial transmission to the user, its control, and modification (art. 8);

b) the record history, especially the destruction of recorded transactions (art. 9);

c) security measures (art. 10);

d) the notification of decisions, authorizations, or other acts via the secure virtual portal (art. 11, paras. 4 and 5);

e) the conclusion and content of the use contract for the secure virtual portal (art. 14);

f) the terms relating to representation (art. 15).

The Decree of March 24, 2010, Establishing the Fees of the Cantonal Administration is Amended as Follows

Article 7, Item 3

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This law is subject to an optional referendum.

The Government establishes the entry into force of this law.