1. État, peuple, Authorities » 17. Authorities » 170. General Provisions

The draft framework agreement on public law regarding collaboration in the area of e-government in Switzerland (2007-2011) in its final version adopted by the Federal Council on August 29, 2007, is approved.

**Framework Agreement**

This framework agreement governs the collaboration between the Confederation and the cantons for the implementation of the Swiss e-government strategy from 2007 to 2011.

The implementation is organized through specific implementation projects in accordance with the "catalog of priority projects." If necessary, special agreements are concluded for certain projects pursuant to Article 17. The provisions of this framework agreement also apply to all special agreements.

The Conference of Cantonal Governments is authorized to sign the said convention on behalf of the Republic and Canton of Jura.

The Confederation and the cantons commit to implementing the Swiss e-government strategy in a coordinated manner. In particular, they take common measures within the framework of the convention, base themselves on the decisions of the steering committee for their domain, and provide partners with ideas, methods, and solutions within the framework of legal requirements.

The signing of this framework convention does not entail direct financial obligations for the cantons nor restrictions on their competences and organizational autonomy. In accordance with Article 17, specific agreements regulating any additional obligations of the Confederation and the cantons are concluded for certain implementation projects of the strategy.

This order comes into force immediately.

Public authorities ensure that no unnecessary legal or practical barriers prevent the use of their data or services by other Swiss public authorities, particularly in relation to legal provisions on confidentiality, data protection, public procurement, and the transfer of usage rights. Public authorities obtain, as far as possible, the necessary usage rights for intellectual property resulting from services developed by third parties.

**When Developing Complete or Partial Cyber Administration Services**

When developing complete or partial cyber administration services, the authorities rely on internationally or, where applicable, nationally recognized cyber administration standards.

At the national level, the standards set by the eCH Association are decisive.

Recommendations from the Swiss Conference on Informatics (CSI) regarding technical collaboration among public authorities are taken into consideration.

Participants in E-Government Collaboration

a) comply, for data processing purposes, with the provisions of the Federal Act of 19 June 1992 on Data Protection or the cantonal provisions in this area;

b) take the necessary measures to protect the integrity and availability of computer systems, as well as to protect the confidentiality, integrity, availability, and non-repudiation of data that are recorded, processed, and transmitted within these systems.

The Confederation and the cantons shall ensure that any need for regulation is assessed in a timely manner and that new legal bases to be created are admitted in good time as partial projects within the planning and development of projects.

The Steering Committee is responsible for the coordinated implementation of the Swiss e-Government strategy.

Its tasks and competencies are as follows

a) It defines and updates the catalog of priority projects (services and prerequisites);

b) It designates leading organizations for the implementation of priority projects and supports them, if necessary, in the development of special agreements in accordance with Article 17;

c) It acknowledges the special agreements submitted to it by the leading organizations;

d) It leads and monitors the implementation of the strategy, including the legislation according to Article 6, makes decisions concerning updated planning and implementation instruments, and periodically reviews the progress related to the implementation measures;

e) It acts as a conciliator in the event of differing opinions between the contracting parties and seeks an amicable agreement;

f) It informs the Federal Council, the Conference of Cantonal Governments (CcG), the Union of Swiss Cities, the Association of Swiss Communes, and other interested bodies of its decisions;

g) It selects the members of the expert council in accordance with Article 11.

**Steering Committee Composition**

The steering committee consists of a total of nine members, comprising three representatives from the Confederation, three representatives from the cantons, and three representatives from the cities and communes.

The members are determined as follows

a) The representation of the Confederation includes the head of the Federal Department of Finance (FDF), along with a representative from two other departments or from the Federal Chancellery. The representatives of the Confederation are appointed by the Federal Council upon the proposal of the FDF;

b) The representatives of the cantons are appointed by the Conference of Cantonal Governments (CdC);

c) The Union of Cities and the Association of Communes designate the representatives of the communes.

**The Head of the Federal Department of Finance Chairs the Steering Committee. For the Rest, the Steering Committee Constitutes Itself.**

The steering committee meets when business necessitates, but at least twice a year, as well as when at least three members request it.

The operational management is responsible for convening and organizing the meetings.

The delegate for the Confederation's IT strategy participates in a consultative manner in the meetings of the steering committee.

The steering committee generally strives to reach consensus. In the event of a vote, it decides by a simple majority of the members present; each member has one vote. In the event of a tie, the chair's vote is decisive.

The steering committee is competent to make decisions if at least five of its members are present, including one from the Confederation, one from the cantons, and one from the cities and municipalities.

A substitute is possible, in cases of significant reasons and with the prior agreement of the steering committee's chair.

The Expert Council is a specialized committee that advises the steering committee, the operational management, and the lead organizations.

The Expert Council has the following duties

a) It reviews the technical aspects of the items and projects submitted to the steering committee and makes recommendations to them;

b) It advises the operational management and the lead organizations in the implementation of priority projects from a legal (art. 6), technical, and organizational perspective.

The expert council is composed of a maximum of 9 specialists from the fields of administration, economy, and science. The members are chosen by the steering committee. The IT strategy delegate of the Confederation is a member of the expert council.

The Delegate for the Confederation's IT Strategy chairs the Expert Council.

For the remainder, the Expert Council constitutes itself.

**Operational Management**

Operational management is the staff body of the steering committee and the council of experts. It coordinates the implementation of the strategy.

Operational management has the following tasks

a) It prepares the matters for the steering committee and the council of experts and maintains the minutes of the meetings. It oversees the implementation of the steering committee's decisions;

b) It serves as the contact service for leading organizations and is responsible for the implementation and maintenance of the network of relationships with the relevant cantons and federal offices;

c) It supports the leading organizations in the development of special agreements and makes available, in collaboration with the CSI, models for financing and contracts;

d) It ensures the necessary transparency through appropriate communication measures. It manages and updates the implementation tools on the mandate of the steering committee, and publishes them on the Internet;

e) It collaborates with the Swiss Conference of State Chancellors and the operational management of the CSI as a hub for communication and coordination with the cantons and communes;

f) It ensures management control for the implementation of the cyberadministration strategy;

g) It observes cyberadministration activities in Switzerland and abroad, identifies duplicates, as well as possible synergies;

h) It drafts an annual report for the steering committee on the state of implementation.

The operational management is subordinate to the Confederation's Informatics Strategy Unit (CISU), which is part of the Federal Department of Finance (FDF), and is funded by the Confederation.

Due to the diversity of the priority projects in the catalog, their organization and mode of financing will be defined taking into account their particular requirements, and, if necessary, settled in a special agreement.

The steering committee recommends financing models on which the special agreements are based.

The steering committee establishes appropriate organizations as those responsible for a priority project. The appropriate organizations are those

a) that possess the adequate and sufficient resources and experience to assume this role;

b) whose area of tasks extends to such projects; and

c) that have already undertaken preliminary work concerning the project.

The leading organizations

a) select their project leadership;

b) ensure, in collaboration with other concerned parties, the development of adequate concepts regarding legislation (art. 6) as well as financing and organization;

c) guarantee compliance with standards, ensure the interoperability of the developed solutions, and regularly draft reports for the operational management within the framework of monitoring on the work progress;

d) may request technical support from the expert council through operational management;

e) may submit project funding proposals to the steering committee through operational management.

If a leading organization and the other concerned parties deem it necessary, a special agreement shall be concluded and presented to the steering committee for acknowledgment. This agreement shall regulate at least the following

a) the objectives and scope of the concerned project;

b) the responsibilities, the lead organization, and the collaboration of the involved partners;

c) the financial concept for the development or operation of the concerned service or prerequisite;

d) competencies and procedures related to the conclusion, with third parties, of delivery and service contracts;

e) the subordination of the special agreement to the present framework agreement.

This agreement is concluded between the Conference of Cantonal Governments (CdC), representing the cantons, and the Federal Council. The agreement will enter into force once it has been approved by the CdC and the Federal Council and published in the Federal Official Gazette. It is valid until the end of 2011.

Upon the entry into force of this framework convention, the public law convention on collaboration between the Confederation and the cantons for the operation of the Swiss portal ch.ch for the years 2007 to 2010 shall have the force of a special convention within the meaning of Article 17.

The CdC and the Federal Council may decide, upon request of the steering committee, to adapt and extend the present framework agreement.