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

This ordinance aims to implement the secure virtual portal and to regulate its access and use.

The terms used in this ordinance to designate persons apply equally to women and men.

1 The individual who intends to use the secure virtual portal must first equip themselves with an authentication method recognized by the secure virtual portal, according to a standard validated by the department to which the IT Service is attached.

2 The levels of trust for authentication are based on the quality model for authentication of the eCH-0170 standard.

3 Authentication for electronic transactions requiring a qualified electronic signature equivalent to a handwritten signature according to the Federal Law of 18 March 2016 on Electronic Signatures (SCSE) and Article 14, paragraph 2bis, of the Code of Obligations (hereinafter: "qualified electronic signature"), corresponding to trust level 3 according to the aforementioned standard, must be based on a qualified certificate according to Article 8 of the Federal Law on Electronic Signatures.

4 Authentication for all other electronic transactions requires trust level 2 according to the aforementioned standard. The department to which the IT Service is attached may, at the proposal of the concerned administrative units and for sufficient reasons, provide for a different trust level for certain transactions.

5 Authentication of municipal employees who use the secure virtual portal requires trust level 3 according to the aforementioned standard.

1 Once provided with an electronic identity verification method, the person intending to use the secure virtual portal confirms, during their first login, that they accept the terms of use of the secure virtual portal as described in the law concerning the secure virtual portal, in this ordinance, in the usage contract, and in any general conditions related to the contract, of which they have been informed.

2 The timestamp of the acceptance of the general conditions by the user is recorded in the secure virtual portal.

3 The individual provides their first name, last name, social security number, address, municipality of residence, date of birth, mobile phone number, and email address.

4 Minors are authorized to use the secure virtual portal. Certain services may be restricted to adults.

5 Persons subject to an adult or child protection measure may, in certain cases, be restricted in their use of the secure virtual portal.

6 If the conditions mentioned in paragraphs 1 to 4 are met, access to the secure virtual portal is authorized. The computer system sends an electronic message to the concerned person confirming the conclusion of the contract and access to the secure virtual portal.

7 If the conditions are not met, the State Chancellery denies access to the secure virtual portal. It communicates this electronically to the individual with brief reasons. The latter may request a formal decision in the sense of the Administrative Procedure Code.

1 The State Chancellery may establish general conditions applicable to the usage contract, which are communicated at the time of the initial conclusion of the contract or subsequently. It may also modify them.

2 The State Chancellery notifies the user, via electronic means, of the general conditions or any amendments thereof, and invites the user to accept them upon their next login to the secure virtual portal. As long as the user has not accepted them, the State Chancellery may restrict or even block the use of the secure virtual portal.

3 …

1 The State Chancellery may, if special circumstances justify it and if the proper functioning of the secure virtual counter is not compromised, include in the initial contract specific clauses that deviate from the standard contract and general conditions.

2 It may also enter into contract amendments with the user.

1 The user is required to take all necessary precautions to prevent any third party from using their means of electronic identity verification and qualified electronic signature.

2 If there is a reason to fear that a third party has used them, the user is required to immediately notify the State Chancellery. The State Chancellery will then block the user's account.

3 The user must report any error related to their personal details.

4 If the user accesses information or data for which they are not properly authorized, they agree to treat it as confidential, not to use it for other purposes, and, if necessary, to destroy it. They must inform the State Chancellery.

5 The processing of data by the user is their own responsibility. The State and third-party bodies (art. 2, para. 1, letter c, of the law concerning the secure virtual portal) cannot be held responsible for errors or oversights committed by the user.

The State Chancellery maintains a register of users.

1 The user may authorize a third party to represent them and perform transactions on their behalf and for their own account through the secure virtual counter.

2 To this end, they shall establish a power of attorney electronically via the secure virtual counter. The representative must be clearly identifiable and possess their own electronic means of proof of identity.

3 The represented party clearly defines the scope of the powers of representation, particularly the services concerned. They may revoke these at any time.

4 and 5 …

6 The State and third-party bodies assume no liability in the event of misuse of the secure virtual counter by the representative.

1 The user may request the deletion of their user account on the secure virtual portal, without providing any reasons.

2 If the user acts contrary to the rules of use of the secure virtual portal or uses it abusively, the State Chancellery may terminate the usage contract. The user may request a formal decision from the State Chancellery in accordance with the Administrative Procedure Code.

3 If necessary, the State Chancellery may take provisional measures, such as blocking a user's access to the secure virtual portal.

1. The contract for the use of the secure virtual portal may be entered into on behalf of a legal entity by the person or persons authorized to represent it according to the commercial register.

2. The State Chancellery verifies the existence of the representative powers.

1. The person or persons who can represent the legal entity according to the commercial register may authorize employees or third parties to act on behalf of and for the account of the legal entity, by defining for each the services for which they can conduct transactions via the secure virtual counter.

2. The person or persons who can represent the legal entity according to the commercial register may also define, in the usage agreement, the person who is empowered to designate representatives.

3. Article 9 applies for the remainder.

1. When a legal entity is represented collectively, the usage contract is generally concluded in the ordinary written form.

2. In other cases, the State Chancellery may accept that the usage contract is concluded electronically. The same applies to the modalities related to representation.

3. For the rest, the rules concerning natural persons apply by analogy.

1 As soon as the user can access the secure virtual service window, they are entitled to freely accessible services.

2 For certain services, the user must first submit a request for access. The relevant administrative unit will approve the request unless there is a reason to deny it.

3 The administrative unit may revoke the user's access to a particular service if the user has acted abusively or in contravention of the rules applicable to the secure virtual service window.

4 In the event of a dispute, the user may request the administrative unit to issue a formal decision in accordance with the Administrative Procedure Code.

1 Transactions executed using a qualified electronic signature have the same value and carry the same legal effect as if they had been signed manually.

2 The relevant administrative unit is authorized to suspend certain transactions made by the user, especially if important information is missing or if there is doubt about their quality and truthfulness.

1 The user has the option to authorize administrative units to notify him of formal decisions electronically in clearly defined areas.

2 For this purpose, the user provides an email address registered on a secure messaging platform recognized for electronic notification of messages by the Federal Department of Justice and Police in accordance with the federal ordinance of 18 June 2010 on electronic communication in civil and criminal proceedings and in debt enforcement and bankruptcy proceedings, or the federal ordinance of 18 June 2010 on electronic communication in administrative proceedings.

3 In this case, the administrative unit may notify its decision in paper form or electronically.

4 In the event of electronic notification, the user is also informed by sending an email or any other technical means according to the preferences configured in their profile.

5 The decisions are endowed with a qualified electronic signature (Art. 2, letter e, SCSE).

6 Can be endowed with a regulated electronic seal (Art. 2, letter d, SCSE)

a) electronic copies of decisions;

b) decisions notified according to an automated procedure, which, due to their large number, cannot be signed individually by an authority representative (mass-notified decisions);

c) electronic invoices with the nature of a decision; the seal can be affixed by usual providers for the electronic exchange of invoices, on behalf of the competent authority.

7 For the remaining matters, the provisions of the Code of Administrative Procedure and the Code of Civil Procedure relating to notification apply by analogy.

When a decision is notified via the secure virtual portal, the user may under no circumstances file an objection, claim, or appeal through the same means. They must use the ordinary methods provided by the Administrative Procedure Code.

**1 Records are retained in the secure virtual service history:**

a) for the duration of the usage contract and for one year following its termination: the evidence related to the acceptance of the contract, its amendments, the general conditions, and their modifications;

b) for two years and, if applicable, for as long as a legal procedure is ongoing: information related to the notification of a decision;

c) for eighteen months: information related to other transactions.

**2 At the end of the aforementioned retention period, the related information is destroyed.**

**3 Unused accounts are deleted from the secure virtual service after eighteen months without user login. The user receives two warnings by email, giving them thirty days to log in again and thus retain their account.**

1 The relevant administrative unit may retain within its designated information system the information exchanged through the secure virtual portal for as long as it needs it.

2 The law on archiving is reserved for all other matters.

Data submitted by the user on the secure virtual portal may be stored in the computer systems of the Jura cantonal administration and made available to the administrative units that are the intended recipients.

In order to promote the use of the secure virtual portal, the Government or, within the scope of its financial competencies, the department to which the IT Service is attached, may offer the provision of qualified electronic signatures free of charge or under preferential conditions.

Are obligated to use the secure virtual portal

a) Municipalities, for tasks that involve collaboration between them and the State, as decided by the Government;

b) Schools, for ordering materials;

c) Personnel of the cantonal administration, teachers, magistrates, apprentices, and interns as well as staff from other institutions benefiting from the Human Resources Service of the State, for various transactions and exchanges of information with it;

d) Individuals wishing to benefit from training subsidies, for applications related thereto;

e) Individuals wishing to participate in courses and sports activities organized by the Office of Sports, for registration applications related to "Midi actif" courses and sports camps;

f) Individuals wishing to obtain a building permit, for applications related thereto;

g) Driving instructors, for registration for practical exams;

h) Holders of professional plates, for scheduling technical inspections;

i) Individuals wishing to receive one-off financial assistance under the regulation of May 11, 2021, concerning the public utility fund, for applications related to such assistance within the framework of a cultural project.

The head of the department to which the Information Technology Service is attached may regulate, by directive, the issues of use and operation of the secure virtual counter, to the extent that these are not subject to regulation in the law, the present ordinance, contractual provisions, and general conditions.

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This ordinance enters into force on May 1, 2012.