Administrative Agreement on the Cooperation of Swiss Cantons regarding the Establishment and Operation of a Network for the Archiving of Electronic Documents - Subject Matter

1. The participating cantons and, if applicable, the Principality of Liechtenstein (with the rights and obligations of a canton) jointly establish and operate a network for the archiving of electronic records (hereinafter referred to as the archival network DIMAG Switzerland).

2. The administrative agreement establishes the sponsorship, the scope of services, and the organization of the archival network DIMAG Switzerland. Furthermore, it regulates the financial obligations of the sponsors and the use and dissemination of the system for electronic long-term archiving DIMAG (hereinafter referred to as the DIMAG system).

1. The Archive Association DIMAG Switzerland is an inter-cantonal public law corporation with its own legal personality. The corporation is not profit-oriented.

2. The cantons involved in the founding are members of the Archive Association DIMAG Switzerland.

3. Other cantons and the Principality of Liechtenstein may participate in the Archive Association DIMAG Switzerland. They will thus also become members of the Archive Association.

4. Joining the Archive Association DIMAG Switzerland is possible at the beginning of each calendar year.

5. Newly joined members guarantee a minimum membership of three years.

6. Participation in the Archive Association DIMAG Switzerland can be terminated with a notice period of 18 months at the end of the calendar year.

1. The Archive Association DIMAG Switzerland

1. assumes responsibility for, operates, and coordinates the system DIMAG, which was developed by the archive administrations of the federal states of Baden-Württemberg and Hessen as well as the Free State of Bavaria, and is operated in collaboration with additional development partners (hereinafter referred to as German Development Partners),

2. ensures communication with the German Development Partners and serves as the central contact point for the involved organizations as well as for the German Development Partners,

3. organizes, in consultation with the German Development Partners, the quality assurance of the DIMAG system,

4. implements the establishment of a central electronic repository (E-Magazine),

5. monitors the ongoing technical operation of the E-Magazine,

6. develops and implements, in collaboration with the German Development Partners, specifically Swiss modules and adaptations.

1. The Archival Consortium DIMAG Switzerland has the following central bodies

a) Assembly of the Corporation

b) Chair of the Assembly of the Corporation

c) Supervision.

2. The Assembly of the Corporation consists of the heads of archives or their deputies from the sponsors, each with one representative.

3. The responsibilities of the Assembly of the Corporation are

a) to mandate the Chair to conclude exclusively the following agreements

a. Cooperation agreement with the German development partners of the DIMAG system,

b. to transfer the operation of the DIMAG system with a service agreement to a public-law institution (hereinafter referred to as the Operator),

b) to issue and approve operating regulations,

c) to approve the annual report (including the annual financial statement) of the Chair,

d) to plan and approve individual projects,

e) to establish the conditions for the admission of new and the withdrawal of existing sponsors.

4. Decisions of the Assembly of the Corporation are made by a simple majority of the representatives of the sponsors present. Each representative has one vote. A decision of the Assembly of the Corporation can only commit a sponsor up to a financial amount that it can justify according to its imposed financial guidelines.

5. The Chair of the Assembly of the Corporation is assumed in rotation by an archival head of the sponsors. The term of office is two years. The renewal of the chairmanship of the Assembly of the Corporation is possible at the earliest after two years.

6. The Chair of the Assembly of the Corporation represents the Archival Consortium DIMAG Switzerland externally and implements the decisions of the Assembly of the Corporation. He/she manages the accounts and prepares an annual activity report.

7. The Chair can only conclude or amend agreements on behalf of the Assembly of the Corporation.

8. The seat of the Archival Consortium DIMAG Switzerland is located at the site of the chair's archive.

9. Supervision of the fulfillment of the tasks of the Corporation is carried out by an annual report of the Chair to the cantons.

1. The financing of the procurement of services for the operation of the DIMAG System Switzerland by the DIMAG Switzerland Archive Consortium is undertaken by the participating entities.

2. The contributions of the participating entities consist half of a base amount equal for all and half of an amount corresponding to the ratio of the local population according to the most current published figures from the Federal Office of Statistics.

3. In the event of new entities joining or existing entities departing, the contributions shall be recalculated. Any accounting surpluses will be credited proportionally to the previous entities. Any accounting deficits will be charged proportionally to the remaining entities.

1. The DIMAG system is offered as a joint solution. Essentially, the digital holdings of all archival institutions are managed within the joint solution.

2. The DIMAG system can be transferred to public-law archives within the respective sponsors. The transfer is free of charge, subject to compensations for special expenses related to the installation of the DIMAG system in the respective public-law archives and the ongoing operation of the DIMAG system. The decision regarding the transfer is made by the respective sponsor.

1. The administrative agreement may be dissolved upon request of one of the parties by a qualified majority of two-thirds of the stakeholders.

1. The Agreement enters into force as soon as it has been signed by the three founding cantons. For later joining parties (according to Art. 2), it enters into force upon the signing of the accession declaration.

2. Disputes among the parties to this Agreement shall be settled, as far as possible, through negotiation and mediation (Art. 44 para. 3 of the Federal Constitution).

3. The Archive Association obliges the operator of the network solution to take adequate data protection and data security measures. Each party ensures compliance with the applicable legal data protection and data security provisions concerning its archived material.