General Provisions (DVG)

1. This law governs the principles of digitizing public administrations within the canton and their interactions with private individuals.

2. It regulates, in particular

* a the obligations of authorities and private individuals,

* b a common infrastructure for the digitization of the authorities,

* c the collaboration between cantonal and municipal authorities, as well as with authorities of other cantons and the federal government.

1. This Act has the following objectives

a) The processes of the authorities in the canton shall be digitized gradually and as completely as possible.

b) The digitization shall be carried out economically and efficiently. It facilitates inter-agency and inter-governmental cooperation.

c) The data shall be processed uniformly, coordinatedly, and collectively by the competent authorities.

d) Digital services shall be simple, secure, interoperable, and accessible to all.

e) Digital services shall create added value for the population, economy, and administration and reduce their effort.

f) Digitization shall enhance the attractiveness of the canton as a living environment and business location.

1. This law applies to the authorities as well as to their digital communication with private individuals in accordance with Article 8, Paragraph 1.

2. It does not apply to the commercial activities of the authorities according to Article 4, Paragraph 1.

1. Authorities within the meaning of this law are considered to be cantonal authorities, municipal authorities, as well as bodies with public functions of the canton and municipalities, regardless of their legal form.

2. Cantonal authorities within the meaning of this law are the Grand Council, the Government Council, and the organizational units of the cantonal administration, the judicial authorities, and the public prosecutor's office.

3. In this law, the following terms mean

a) ICT resources: Goods and services of information and communication technology (ICT), including hardware and software.

b) Digitization: The form of fulfilling tasks using ICT resources.

c) Digital services: ICT resources that are procured, used, provided, or prescribed for use by authorities, as well as the services conveyed with them.

d) Basic services: ICT resources for digital processes and for the digital fulfillment of tasks by an indefinite number of authorities.

Authorities conduct, inform, and communicate digitally, except when they cannot effectively fulfill their duties in this form.

The digital form of documents is legally binding.

Special legislation, notably procedural legislation, remains reserved.

1. There is no legal entitlement to receive information from authorities, which is directed at an indefinite number of people, in a form other than digital.

2. For state actions towards specific individuals, Article 8 paragraph 1 applies.

3. Special legislation remains reserved.

1. Every person may access information pursuant to Article 6 paragraph 1 at the competent authorities.

2. They may request a paper copy if they can credibly demonstrate that access to the digital form of the information is not possible or reasonable for them.

3. For the paper copy, no more than the same fee as for the digital information shall be charged.

4. Specific legislation remains reserved.

1. Obligations for Digital Communication with Authorities

a) Legal entities,

b) Natural persons engaging with authorities within the framework of their professional activities,

c) Natural persons applying for or receiving state contributions.

2. Authorities are obliged to engage in digital communication with each other and with the persons mentioned in Paragraph 1.

3. The obligation for digital communication applies insofar as the legislation or authorities specify the means to be used for this purpose. These means must ensure a level of security appropriate to their intended use and should generally be available free of charge.

4. The government council may expand or restrict the obligation for digital communication through regulation in justified cases.

5. The obligation for digital communication does not apply to the exercise of the right of petition pursuant to Article 20 of the Cantonal Constitution of June 6, 1993 (KV).

6. Specific legislation remains reserved.

1. The authorities promote the digitization of their processes by specifically

a) informing individuals interacting with them and the public about digital services and methods for digital communication with the administration,

b) training their personnel in digital processes and tools, and raising awareness regarding the opportunities and risks of digitization,

c) creating incentives for voluntary digital communication with the authorities.

2. They can specifically

a) prioritize applications submitted digitally, or

b) set higher fees for non-digital transactions compared to digital transactions for fee-based services, while observing the principle of cost recovery.

Digital services must be accessible to all without discrimination.

They must be usable, in particular, as easily as possible, independently of any disability, and with all suitable and commonly used ICT tools.

Proportionate restrictions are permissible, particularly for reasons of economic efficiency, technical feasibility, or security.

1. Digital services are provided at least in the official languages in accordance with Article 6 of the Constitution.

2. The Government Council regulates the exceptions by ordinance.

1. Data, particularly personal data, shall, as far as possible, be collected and maintained across authorities only once.

2. The authorities shall ensure that they can exercise control over who can view or modify data which should not be accessible to all individuals.

3. The authorities shall not store data according to paragraph 1 abroad if foreign law or contractual, technical, or organizational measures do not allow such control.

The Government Council oversees digitalization and the use of ICT.

It issues a strategy for this purpose with an implementation plan and updates it regularly.

It ensures an appropriate organization for digitalization, involving all relevant authorities.

1. The Government Council establishes the standards and processes for digitalization.

2. It relies, as far as possible, on national and international standards.

1. The Executive Council regulates the procedures for identification in the use of digital services by ordinance.

2. It provides that identification procedures, whose use federal law prescribes for the implementation of federal law, must also be used for the implementation of cantonal and municipal law, insofar as they are suitable for this purpose.

1. The canton procures the basic services and provides them to the authorities.

2. The basic services are being gradually established.

1. The cantonal authorities are obligated to utilize the basic services (obligation to use), while other authorities are entitled to use them (right to use).

2. The Executive Council may expand or restrict the obligation to use or the right to use.

3. An expansion of the obligation to use must be executed by means of an ordinance. The ordinance

a. provides for an appropriate transition period,

b. may provide that the canton will contribute to the additional costs incurred by the affected authorities due to the obligation to use for a specified period.

4. If an expansion of the obligation to use has significant impacts on the municipalities and mixed municipalities, it requires

a. either a basis in another law or in superior law, or

b. the approval

1. of the Grand Council in the form of a resolution,

2. of an association to which more than half of the municipalities in Bern belong and which, according to its statutes, represents the general interests of the municipalities, or

3. of the majority of the affected municipalities, if not all municipalities are affected.

5. The Executive Council shall regulate the details by ordinance.

6. The Grand Council may restrict the obligation to use for itself and its bodies.

1. The basic services may specifically include

a. The ICT basic provision and corporate applications of the cantonal authorities (Art. 32) or parts thereof,

b. Data collections,

c. A portal for information and services of the authorities and for interaction with authorities,

d. Identification, authentication, and signature services,

e. Services for the exchange of messages and documents with authorities,

f. Services for processing payments to authorities,

g. Other services for the digital processing of procedures of the authorities.

2. The government council determines the scope of the basic services, taking into account the needs of the authorities.

1. Authorities shall bear the following costs for the use of basic services

a) the variable costs incurred by their use,

b) the portion of the fixed costs corresponding to their share of the variable costs.

2. The Government Council may, by regulation, stipulate that the costs shall only be borne from a certain amount.

3. Specific legislation shall remain unaffected.

1. The authorities collaborate on digitalization.

2. The canton collaborates with the federal government and the other cantons. It ensures the timely involvement of the relevant supervisory bodies.

3. The collaboration may specifically include

a. the establishment of common standards and processes,

b. the joint procurement and use of ICT resources.

4. For the disclosure of personal data to other authorities during the joint use of ICT resources, the provisions of data protection legislation are decisive.

1. The Government Council guides the cooperation, whereby it

a) takes into account the autonomy of the authorities not subordinate to it, as well as the independence and self-administration of the judiciary,

b) ensures that these authorities are adequately involved in decisions that concern them.

2. The Government Council

a) establishes bodies for cooperation in digitalization by decree, which consist of representatives of the authorities,

b) can transfer decision-making and directive powers to these bodies by decree, while retaining overall responsibility.

3. To the extent that the Grand Council or the judicial authorities are affected by decisions of the bodies, they must be appropriately represented in the bodies.

1. The municipalities and mixed municipalities shall participate in the preparation of the following matters under this law, as specified in paragraphs 2 and 3, insofar as these matters have significant impacts on the municipalities

a) Ordinances and decisions of the Executive Council, the directorates, and the State Chancellery,

b) Decisions of the authorities or bodies in accordance with Article 21, which are subordinate to the directorates or the State Chancellery.

2. The following are to be appropriately involved in the participation

a) The Association of Bernese Municipalities (VBG),

b) The interest groups of the municipalities,

c) A representation of municipalities with more than 10,000 inhabitants.

3. The following are invited to provide feedback in consultation and hearing procedures

a) The VBG,

b) The interest groups of the municipalities,

c) The municipalities with more than 10,000 inhabitants.

1. Authorities may participate in companies that have the following purposes

a. Cooperation among authorities in the area of ICT and digitalization, or

b. Provision of digital services for authorities.

2. These companies must be controlled by entities with public responsibilities.

3. Special legislation and, in particular, municipal law remain reserved.

1. The Government Council is authorized to conclude agreements on cooperation between the canton and the federal government and other cantons for digitalization.

2. Special legislation and spending powers are reserved.

1. Authorities may regulate the use of digital services through a public-law contract.

2. In the event of disputes related to such a contract, they shall issue a ruling.

1. Authorities release software or other intellectual property under a license that permits free use, distribution, and modification by all, if

a) a significant public or private interest exists, and

b) the effort associated with the release is proportionate.

2. The license may

a) exclude the liability of the releasing authority,

b) impose an obligation on the users to release derivative works under the same conditions.

3. Authorities may make data available for free use to the public if

a) the data is suitable for reuse, and

b) the effort associated with making it available is proportionate.

4. Specific legislation, particularly concerning data protection, information security, public information, and confidentiality protection, remains reserved.

1. The provisions of this section apply to the processing of personal data using ICT means.

2. In all other respects, the provisions of the Data Protection Act of February 19, 1986 (KDSG)[[2]] shall apply.

1. The processing of personal data can be contractually or legally assigned to third parties (processors) if

a) the data is processed in a manner that the authority responsible for data protection itself would be permitted to do,

b) no statutory or contractual duty of confidentiality prohibits the transfer.

2. The responsible authority must, in particular, ensure that the processors guarantee data security.

3. The processor may transfer the processing to third parties only with prior approval from the responsible authority.

1. Responsibility for data protection lies with the authority that, alone or jointly with other authorities, determines the purpose and means of data processing.

2. If several authorities jointly determine the purpose and means of data processing, each of them shall ensure that an enactment, instruction, or agreement governs which authority is responsible for which part of the data processing. In the absence of such regulation, all authorities are responsible for the entire data processing.

3. The responsible authorities shall publish the regulation in accordance with paragraph 2 or communicate it to the persons affected by the data processing upon request at any of the responsible authorities.

1. In the case of data processing involving digital services used by multiple authorities, the responsible data protection supervisory authorities coordinate their supervisory activities with each other and with the data protection supervisory authorities of the other participating cantons or the federal government, as much as possible in terms of timing and content. They take into account, as much as possible, the opinions or supervisory actions of the other supervisory authorities.

2. The cantonal data protection supervisory authority alone is responsible for supervising data processing by municipalities, insofar as the supervision concerns cantonal digital services.

1. Authorities employ the ICT resources necessary to fulfill their duties under this Act and further legislation.

2. Authorities

a) process personal data that is required for the use of ICT resources,

b) also process particularly sensitive personal data that is either indispensably necessary for this purpose or has been expressly consented to by the individuals concerned,

c) may process biometric data for the authentication of individuals.

3. The provisions of Articles 12a to 12e of the Personnel Act of September 16, 2004 (PG)[[3]](#paragraphtext_content_fn_4251580_2_3_c) apply to the processing of personal data that arises from the use of ICT resources.

1. The cantonal authorities shall employ the following ICT resources

a. Basic ICT provision: ICT resources that are generally required by all cantonal authorities, particularly in the fields of workplace, application operation, network, printing, web presence, and business management.

b. Corporate applications: ICT resources that are generally required by all cantonal authorities for specific tasks, particularly in the areas of personnel, finance, logistics, and central data collections.

c. Specialized applications: All other ICT resources used by the cantonal authorities to fulfill their statutory duties.

2. Responsible entities are

a. for the basic ICT provision: the competent office of the Finance Directorate,

b. for corporate and specialized applications: the cantonal authorities to whose area of responsibility the applications belong.

3. The cantonal authorities are obliged to utilize the basic ICT provision and the corporate applications.

4. The Government Council shall regulate by ordinance

a. the scope of the basic ICT provision according to Paragraph 1, Letter a,

b. the corporate applications according to Paragraph 1, Letter b,

c. the responsibilities as needed according to Paragraph 2,

d. the exceptions regarding the use of the basic ICT provision and the corporate applications.

1. The Executive Council issues the implementing provisions.

**1. The Government Council may delegate the following powers under this law to bodies pursuant to Article 21, directorates, the State Chancellery, or offices:**

a) Restriction of the right to use the basic services (Art. 17),

b) Detailed determination of the scope of the basic services (Art. 18), the ICT basic provision, and the corporate applications (Art. 32) within a framework specified by the Government Council,

c) Establishment of the standards and processes for digitization (Art. 14),

d) Decisions regarding cooperation with other governmental entities,

e) Further powers, insofar as only the cantonal authorities are concerned.

1. The Personnel Act of September 16, 2004 (PG)[4] is amended.

1. The government council determines the date of entry into force.