Act on Digital Public Services (LSNA) - Purpose (GDDB)

1. This Act aims to establish the framework conditions necessary for the development, operation, use, and financing of digital services provided by authorities.

2. It specifically regulates

a) the obligations of authorities and users;

b) the cooperation among authorities within the canton, with other cantons, and with the federal government;

c) the processing of data in addition to the data protection legislation, and

d) the provision of software source codes and public authority data.

1. This law pursues the following objectives

a) gradually digitalize all public services of the authorities and the related procedures wherever possible;

b) expand digital communication between authorities and users whenever possible, as well as simplify and facilitate cooperation;

c) process data uniformly, in a coordinated and harmonized manner by the competent authorities;

d) optimize the services provided by the authorities;

e) create added value for the population, the economy, and administration;

f) strengthen the attractiveness of the canton as a place to live and do business;

g) sustainably reduce the administrative burden for users.

1. This law applies to the authorities and the users of digital services.

2. The State Council may extend the scope of the whole or part of the law to

a) natural or legal persons and organizations entrusted with the execution of tasks of cantonal or municipal public law for the fulfillment of these tasks, and

b) associations of authorities.

3. Specific legislation remains reserved, particularly regarding data protection and information security.

1. In this Act, the following terms mean

a) Authorities: the legislative, executive, and judicial branches of the canton, and the municipal and civic communities, the public prosecutor’s office, public-law corporations and institutions of the canton, and the municipal and civic communities, including their bodies, administrations, and the commissions dependent on them, as well as the units to which the scope is extended;

b) Digital Services: digital basic services and digital benefits;

c) Basic Services: electronic services of a cross-sectional nature that form the common basis for the online services of the authorities or are essential for digital collaboration between authorities;

d) Digital Benefits: services provided by the authorities using basic services;

e) Shared Digital Benefits: digital benefits involving more than one authority;

f) ICT Resources: goods and services of Information and Communication Technology (ICT), including hardware and software;

g) Users: natural or legal persons who utilize the digital services;

h) Source Code: instructions and declarations written in a programming language that can be converted by a machine into a program executable by a computer;

i) Public Authority Data: digital data that is made available online by authorities in accordance with Article 18.

1. Digital services shall be developed progressively and as promptly as possible.

2. The digitalization shall be implemented in the most economical and efficient manner possible.

3. Where digital services are available, authorities shall generally operate digitally, unless they cannot satisfactorily perform their duties in such a manner.

4. There is no legal entitlement to receive information and documents from authorities, which are addressed to an unspecified number of people, in a form other than digital.

5. Any person may examine information and documents from authorities at the competent authorities and request a paper copy if they can credibly demonstrate that they are unable to view them digitally, or if it is unreasonable to expect them to do so.

6. Data shall be collected once, to the extent possible, and managed by a single authority.

7. The cantonal digital services must be available in at least both official languages and must be able to be used in a straightforward and interoperable manner with common technological means. The Council of State may provide for exceptions.

8. As a general rule, technical solutions that are shared by the digital administrations of Switzerland are preferred. Interoperability and the joint use of technical solutions must be ensured. The technical processes shall be standardized and harmonized, notably through application programming interfaces.

9. In their digital transformation projects, authorities shall consider ecological aspects and ensure the sustainability of the projects.

10. They shall apply the proven concepts and best practices in cybersecurity matters.

1. The canton provides the authorities with basic services free of charge and, wherever possible, in collaboration with other cantonal and federal authorities, taking into account the needs of the users and the technical possibilities.

2. The authorities are obliged to use the basic services when developing new projects or making substantial changes to existing digital services.

3. The basic services particularly include

a) a common portal through which users can access the digital services of the authorities;

b) identification, authentication, and signature services;

c) online payment services;

d) data processing services, especially for the exchange, disclosure, storage, and archiving of data;

e) other services that simplify the use, and the uniform and coordinated development of digital services.

1. In the context of providing digital services, authorities must

a) plan and develop their digital services in accordance with the provided basic services;

b) apply the technical standards and norms established by the strategic management committee;

c) make the digital services accessible via the portal as referred to in Article 6 paragraph 3 letter a;

d) comply with the legislation on the protection of personal data;

e) design and maintain these in such a way that accessibility for all users is facilitated, including those with special needs due to disability, age, or other factors that limit access to digital technologies.

2. Subject to exceptions provided by the State Council or special legislation, the following entities and individuals are obligated to use the existing digital services

a) authorities;

b) legal entities, and

c) natural persons who, in the course of a business activity, are in contact with the authorities.

1. Digital services may be offered jointly by the authorities.

2. If digital services concern at least one cantonal authority, they must be listed in the implementation plan according to Article 11 paragraph 1 letter c.

1. The canton may provide the authorities with ICT resources or associated services.

2. Their financing is regulated with the relevant authorities.

3. The Council of State establishes the implementing provisions.

1. Authorities may publish the source code of software they develop or have developed to fulfill official tasks, provided that the following conditions are met

a) There is a public interest or a predominant private interest;

b) The effort associated with the publication is proportionate;

c) Authorities allow any person to use and further develop the software, provided that any modifications are also published under the same conditions;

d) They themselves or other parties have an interest in the further use of the software;

e) The rights of third parties are respected, and

f) Any liability of the authorities is excluded.

2. The rights under paragraph 1 are granted in the form of private law, either free or paid licenses, unless other regulations provide otherwise. Disputes between licensors and licensees are decided under civil law.

3. Authorities may provide supplementary services, particularly for integration, maintenance, IT security, and support, provided there is a public interest and they are not associated with excessive effort. Authorities may charge cost-covering fees for this.

1. The State Council

a) defines the strategy for the authorities' digital services and reviews it regularly;

b) determines the scope and modalities of the provision and use of basic services;

c) establishes the priorities for the development of digital services in an implementation plan, regularly evaluating the progress of its execution;

d) decides on any exceptions to the obligation to provide or use digital services;

e) introduces measures to promote the use of digital services;

f) promotes collaboration between authorities;

g) ensures that the authorities are appropriately involved in decisions that concern them;

h) appoints the members of the strategic steering committee and establishes its working methods.

1. The Strategic Steering Committee

a) proposes the strategy regarding digital services and their updates to the Council of State;

b) suggests the scope and modalities of the provision and use of basic services, as well as the priorities of the projects included in the implementation plan;

c) establishes common norms and standards, aligning with nationally and internationally recognized technical standards and open standards;

d) is authorized to establish and dissolve interinstitutional working groups for specific areas of digitalization.

2. The Strategic Steering Committee is composed of 9 to 12 members. It includes at least

a) three representatives from the canton;

b) three representatives of the municipal governments, proposed by the Association of Valais Municipalities; and

c) one representative of the civic municipalities, proposed by the Association of Valais Civic Municipalities.

3. The Council of State determines the compensation for the members of the Strategic Steering Committee in a resolution.

1. The State Council shall designate the cantonal organizational unit responsible for digital administration, which shall have the following duties in particular

a) to support the State Council and the strategic steering committee in all their tasks, particularly in the preparation and updating of the strategy for digital services and in setting the priorities for implementation;

b) to coordinate the implementation of the projects listed in the implementation plan;

c) to assist the canton’s offices during the initialization and implementation phases of the projects for digital services as set out in the implementation plan;

d) to examine the feasibility of the projects;

e) to establish cooperation between the canton and other authorities.

1. The authorities collaborate on digitalization.

2. The State Council oversees this collaboration, taking into account municipal autonomy and the principles of the separation of powers.

3. It ensures that the authorities are appropriately involved in the decisions that concern them.

1. The canton collaborates with the federal government and other cantons on digital matters.

2. In compliance with the present law, the authorities can regulate the use of digital services among themselves through a public-law contract.

3. The special legislation and expenditure competencies remain reserved.

1. Each authority is responsible for implementing appropriate and reasonable technical and organizational measures against cyber risks. It must apply at least the technical norms and standards established by the strategic management committee.

2. With regard to cybersecurity and protection against cyberattacks, the canton takes measures to support other authorities. It promotes certification processes and good practices.

3. The authorities are obliged to immediately inform the canton of cyberattacks that may affect their operations or harm their own interests or those of their users. The Council of State enacts the necessary provisions.

4. If an authority fails to implement the measures prescribed in paragraph 1, the Council of State may decide on substitute measures after at least one warning. These measures can be billed to the defaulting authority.

5. The basic services are regularly subjected to an external audit that complies with the relevant standards. The department responsible for digital services reviews the consideration of the audit's recommendations and the implementation of appropriate measures.

1. Authorities may process personal data and particularly sensitive data and disclose them to other authorities if this is necessary for the provision of digital services.

2. The use of reference databases and the AHV number for the provision of basic services is permissible.

3. The legal provisions for the protection of personal data are applicable.

1. Authorities are permitted to publish data that they collect or generate in the course of fulfilling their statutory duties, and that is electronically stored and structured in registers. This is subject to specific legal requirements for source citations.

2. The data shall be published on the internet free of charge, promptly, in a machine-readable form, and in an open format.

3. Not to be made publicly accessible are

a) Data whose disclosure would violate other legal provisions, particularly those concerning public information, data protection, and archiving;

b) Data whose provision would require disproportionately extensive additional material, personnel, or technical resources.

4. The authorities are not obliged to verify the accuracy, completeness, plausibility, or any other characteristics of the data described in paragraph 1.

1. Responsibility for the protection of personal data lies with the authority that decides on the purpose and means of processing this data.

2. If multiple authorities jointly decide on the purpose and means of processing personal data, each must ensure that a regulation, directive, or agreement specifies which authority is responsible for which part of the data processing. In the absence of such a regulation, all authorities are responsible for the entire processing of personal data.

3. The responsible authorities shall publish the regulation as per paragraph 2 or disclose it to the individuals affected by the data processing upon request at one of the responsible authorities.

4. If a cantonal administrative authority transfers the processing of data or the management of IT solutions to third parties, it must ensure through legal provisions or a written agreement that

a) the contractor observes at least the same requirements regarding data protection and data and operational security as the authority itself;

b) the fulfillment of state tasks is minimally impaired if the contractor does not comply with agreements or ceases operations.

1. Except in cases of gross negligence, the authorities shall not be liable

a) for damages arising from the inaccessibility and inability to use their digital services;

b) for any impairments to the confidentiality, integrity, and availability of data that do not originate from their own IT environments.

2. Furthermore, the responsibility of the authorities is governed exclusively by the Law on the Liability of Public Entities and Their Officials.

1. The canton publicly informs about the strategy for the digital services of the authorities and the projects adopted within the framework of the implementation plan.

2. The State Council decides on the training and support modalities for the basic services and common digital services defined in the implementation plan.

3. The canton takes measures to inform, train, and raise awareness among the population and businesses in the field of digital services and cyber risks.

4. The canton supports the training of state personnel and promotes a cultural change, particularly with regard to good practices and risks.

5. With a view to greater participation in the shaping of public policy, the canton promotes the involvement of the population and the economy through information and communication technologies.

6. The authorities raise their staff's awareness of best practices regarding responsible digitalization.

1. The canton may take measures, particularly in collaboration with universities, to support innovation and research in the field of digital services.

1. The canton shall bear the costs for the development and operation of the basic services, as well as the costs for training and support related to their use.

2. The authorities shall assume the costs for the integration of the basic services into their own technical infrastructure.

1. The authorities shall bear the costs for the development and operation of their digital services as well as the costs for training and support in connection with their use.

2. The financing of joint digital services shall be regulated among the respective authorities. The canton may financially participate in the development of joint digital services that are defined in the implementation plan according to Article 11, Paragraph 1, Letter c.

1. The canton may grant financial aid for measures intended to facilitate the digital transformation of the authorities. The State Council determines the implementation modalities.

2. The competent authority concludes performance contracts with the recipients of the subsidies, determining the amount and type of financial aid, as well as the requirements to be met and the services to be provided by the recipients.

3. Cantonal subsidy legislation remains reserved.

1. The use of digital services is generally not associated with additional costs for the users.

2. Specific statutory fee regulations remain reserved.

3. Authorities may provide for a fee in cases where a particular category of users has access to special services that incur costs for the authorities.

1. The State Council shall issue all the necessary provisions for the enforcement of this law.

2. It shall determine the scope and the modalities of the provision and use of basic services in a resolution.