**Principles** (DVV)

1. Authorities conduct their business and handle documents digitally.

2. They digitize incoming paper documents and may destroy the original.

3. They maintain or preserve paper documents if this is

a) required by legislation or

b) exceptionally necessary for securing evidence or other substantial reasons.

4. They implement software for digital business management that

a) dates and tracks changes to documents,

b) securely assigns documents and their changes to the author, and

c) prevents documents from being lost, accessed unauthorizedly, altered, or deleted.

1. In communications within and between authorities, as well as in personnel matters, digital documents and information are legally binding if

a. they are created and stored in a manner that ensures their authenticity according to the standards (Art. 8), or

b. there are no serious doubts about their authenticity for other reasons.

2. For communications between authorities and third parties, the standards may regulate the methods by which the authenticity of documents is confirmed to third parties.

1. Provisions of the cantonal legislation that require a procedure to be in writing are also satisfied if the procedure occurs in a digital form that allows for evidence by text.

2. A handwritten signature is not required unless there are legal provisions to the contrary.

1. Authorities

a. may issue digital invoices to third parties and require invoices from third parties in digital form,

b. utilize widely adopted and secure methods for this purpose, in accordance with applicable standards (Art. 8).

2. They may make the provision of chargeable services contingent upon payment or prepayment by digital means.

3. The prerequisites are that

a. the third parties consent to digital invoicing or payments,

b. they are obligated to engage in digital communication with authorities (Art. 8 DVG), or

c. the payment pertains to governmental services, the use of which is voluntary and can only be ordered through digital means.

1. Members and officials of authorities conduct personnel matters with the authorities digitally.

2. This also applies to the establishment, modification, and termination of an employment relationship.

1. Authorities may provide services to enable or facilitate private access to the digital services of the authorities.

2. They may charge cost-covering fees.

Authorities operating in both official languages can provide digital services in a single official language or, exceptionally, in another language if the services are intended for internal use by the authorities and are primarily directed at individuals who are proficient in the respective language.

1. The Conference on Digital Administration and ICT (KDI) establishes the standards and processes for digitalization and publishes them.

2. The publication may refer to third-party processes or standards, which may exceptionally be drafted in English.

1. The Authorities

a. verify the identity of individuals who use digital services or receive payments from authorities, as far as it is necessary for the purpose of the service or payment,

b. may require the presentation of identification means by name and verify these in the presence of the individuals or through digital means,

c. employ procedures that ensure a level of trust appropriate to the purpose of the digital service.

2. At least one procedure with Trust Level 2 according to Standard eCH-0170 “Quality Model for the Authentication of Subjects” is generally required for digital services involving

a. payments to third parties,

b. establishment of significant rights or obligations,

c. issuance of decrees or decisions, or

d. processing of personal data that is particularly sensitive or subject to special legal confidentiality obligations.

3. Provisions of specific legislation or federal law remain reserved.

1. The Basic Services are

| No. | Basic Service | Purpose | Responsible Authority | Obligated to Use | Entitled to Use |

| --- | --- | --- | --- | --- | --- |

| 1 | BE-Net WAN | Wide Area Data Network | Office for Informatics and Organization (KAIO) | Cantonal authorities and authorities utilizing digital services accessed via BE-Net WAN | Representatives of the authorities with their consent |

| 2 | BE-Login | Identification Service for Digital Services | KAIO | Cantonal authorities | Other authorities |

| 3 | BE-KWP VDI | Virtual PC Workstation with Office and Collaboration Software | KAIO | Cantonal authorities | Municipalities and mixed municipalities, as well as representatives of the authorities with their consent |

2. The service descriptions according to Article 26

a) further regulate the use of the basic services,

b) may restrict the right or, concerning cantonal authorities, the obligation to use the basic services.

3. The obligation to use applies insofar as

a) specific legislation does not prescribe the use of other ICT means,

b) the Grand Council does not restrict the obligation to use for itself or its bodies (Art. 17 para. 6 DVG).

**Consent of the Municipal Councils According to Article 17 Paragraph 4 Letter b Number 2 and 3 DVG for the Extension of the Usage Obligation of Basic Services Occurs Within the Framework of the Consultation on the Amendment of Article 10 Paragraph 1**

In the case of the engagement of the Grand Council with a draft law or resolution according to Article 17 Paragraph 4 Letter a or Letter b Number 1 DVG, the report contains the result of the consultation or the opinions of the municipal councils.

1. The bodies referred to in Article 21 DVG undertake cantonal and administration-wide tasks related to digital administration and ICT.

2. The chairpersons decide on the involvement of individuals not mentioned in this regulation for the handling of specific matters.

3. The bodies shall adopt their own rules of procedure.

1. The bodies make their decisions by consensus whenever possible.

2. If no consensus is reached, the chairpersons establish the decision of the body based on the discussion held. They may conduct a consultative vote for this purpose.

3. Representatives of the financial control and data protection supervisory bodies are not involved in the decisions.

1. There is a hierarchy among the bodies in the following order

a) Government Council,

b) Government Delegation for Digital Administration and ICT (RDI),

c) KDI,

d) Specialist Groups.

2. Superior bodies can take over matters within the jurisdiction of subordinate bodies and decide on them themselves.

3. Subordinate bodies may refer differences or decisions of particular significance to the superior body.

1. Members of the RDI include

a) the State Secretary (Chair),

b) the Director of Finance (Deputy Chair),

c) two additional members of the Government Council appointed by the Government Council,

d) the other members of the Executive Management Digital Administration and ICT (GLDI).

2. The RDI

a) prepares matters for the Government Council in the area of digital administration and ICT,

b) establishes guidelines and priorities for the development of strategies,

c) can commission studies and projects.

3. The Digital Administration Office (GDV) ensures the Secretariat.

1. The KDKG is composed of the members of the RDI as well as the following persons

a) the President of the Association of Bernese Municipalities (VBG),

b) the Managing Director of the VBG,

c) a joint representation of the cities of Bern, Biel, and Thun,

d) representatives designated by the RDI from the cantonal administration.

2. The State Secretary

a) presides,

b) is represented by the Director of Finance.

3. The KDKG

a) ensures cooperation between the canton and the municipalities in the area of digital administration and ICT,

b) provides advisory opinions on initiatives and projects and can recommend their implementation,

c) determines, upon request of the representations of the municipalities, the persons who, on behalf of the municipalities, participate in the decision-making process of other bodies.

4. The GDV ensures the secretariat.

1. Members of the GLDI

a) the State Secretary (Chair),

b) the General Secretary of the Department of Finance (Deputy Chair),

c) a Deputy State Secretary,

d) the Head of the KAIO,

e) the Head of the GDV.

2. The GLDI

a) ensures the exchange between the State Chancellery and the Department of Finance on matters of digital administration and ICT,

b) coordinates the activities of the RDI, the KDKG, and the KDI,

c) initiates projects to amend legislation on digital administration.

3. The GDV ensures the Secretariat.

1. The Members of the KDI are

a) the Head of the KAIO (Chairperson),

b) the Head of the GDV (Deputy Chairperson),

c) Representatives of the Directorates, the State Chancellery, and the Judicial Authorities, who are generally direct subordinates of the Head or their deputies,

d) Additional representatives of the Cantonal Administration or other authorities as determined by the RDI.

2. The KDI

a) develops the strategy for the government council in accordance with Article 13, Paragraph 2 of the DVG and decides on sub-strategies,

b) issues, upon request of the competent expert groups,

1. Standards and processes in accordance with Article 14 of the DVG,

2. Role descriptions of the administration in the field of digital governance and ICT,

c) issues directives for implementing legislation on digital administration,

d) coordinates the management of portfolios of projects, services, applications, and data of the administration,

e) ensures administration-wide controlling,

f) can commission studies, projects, benchmarks, and audits,

g) decides on discrepancies between directorates, the State Chancellery, or the judicial authorities in cross-directorate projects or matters.

3. The KAIO ensures the secretariat.

1. The KDI or the special legislation establishes expert groups to fulfill tasks in the field of digital administration and ICT.

2. The expert groups include

a) Representatives of all directorates, the State Chancellery, and judicial authorities,

b) if necessary, representatives of financial control and the data protection supervisory authority,

c) if necessary, representatives of the municipalities,

d) if necessary, representatives of the parliamentary services,

e) specialists.

3. The expert groups have the following responsibilities in their area of expertise

a) Issuance of directives,

b) Issuance of processes and standards assigned to them by the KDI,

c) Ensuring the management and maintenance of portfolios,

d) Issuance of performance descriptions (Art. 26),

e) Conclusion of service agreements,

f) Commissioning and prioritization of studies and projects,

g) Reporting to the higher-level bodies,

h) Coordination, networking, and knowledge management,

i) Further tasks assigned to them by

1. the special legislation,

2. the KDI in the field of digital administration and ICT.

4. The KAIO or another organizational unit designated by the KDI or the special legislation ensures the secretariat.

1. The chairpersons of the bodies according to Articles 12 to 19 ensure that municipalities pursuant to Article 22 DVG, as well as other affected authorities outside of the cantonal administration or their associations, are appropriately involved in the preparation of the decisions of the bodies.

2. The involvement may particularly occur through

- a) participation in a project organization,

- b) a consultation,

- c) participation in the deliberations of the responsible bodies (Art. 12 para. 2),

- d) membership in expert groups (Art. 19 para. 2).

1. The KDI regulates the ICT cost management of the cantonal authorities through directives.

2. The ICT Cost Management

a) ensures the transparency of the production costs and the utilization of the deployed digital services,

b) presents the cost development, notably through annual reporting,

c) compares savings with additional needs concerning quantity and quality,

d) creates incentives with key figures and target sizes to optimize the use of resources.

1. Authorities that provide or mediate digital services for other authorities may charge these authorities for the costs incurred for third-party services.

2. As a general rule, the following costs are not charged

a. Costs for services provided by one's own staff,

b. Costs whose charging would be disproportionately burdensome,

c. Costs for services for the Grand Council, its bodies, and the parliamentary services (Art. 96 Sec. 3 of the Act of June 4, 2013, on the Grand Council [Grand Council Act, GCA]).

3. The service descriptions (Art. 26) can further regulate the charging of costs and, if necessary, deviate from the principles according to paragraph 1 and paragraph 2 letter a. The directorates, the state chancellery, and the judicial administration management may also deviate from these principles in justified cases.

1. The authorities shall contractually ensure that they obtain the copyright or the right to license in accordance with Article 24 or 25 in relation to works created by third parties on behalf of the authorities.

2. They may waive this based on factual reasons.

1. Texts, images, audio recordings, videos, and other works excluding software, whose copyright belongs to the Canton, are subject to the Creative Commons License Attribution 4.0 International (CC BY 4.0). The cantonal authorities may also publish such works under other licenses according to Article 26 paragraphs 1 and 2 of the Public Law Act (DVG).

2. Works according to paragraph 1 may be distributed, modified, or otherwise used by any person for any purpose in accordance with the CC-BY-4.0 License, provided that the Canton as the rights holder and the license are specified. All warranties and liabilities of the Canton in connection with the use are excluded.

3. Legal restrictions on use remain reserved, namely

a. data protection,

b. protection of personality, particularly the right to one's own image,

c. provisions concerning the protection of secrets.

1. The Standards (Art. 8) stipulate which licenses according to Article 26 paragraphs 1 and 2 DVG shall be applied for the publication of open-source software.

1. The KDI shall determine, within the framework of Article 32, Paragraph 1 of the DVG and, where applicable, specific legislation

a) the extent of the ICT basic provision,

b) the corporate applications.

2. The competent working groups shall issue and publish service descriptions for

a) the basic services within the framework of Article 10,

b) the elements of the ICT basic provision,

c) the corporate applications.

3. The service descriptions shall regulate, in particular,

a) the competent authority,

b) the purpose and the essential functions of the ICT resources,

c) the availability and other relevant properties for the service,

d) the cost allocation and accounting,

e) the modalities of ordering and obtaining the service,

f) the circle of users or exceptions to the obligation to use,

g) the use of ICT resources by agents of the authorities,

h) the regulation of use by third parties through an order or a public-law contract.

1. Cantonal authorities may not use any ICT resources other than those designated for basic ICT services and corporate applications.

2. Exempted from the obligation to use the basic ICT services and corporate applications are

a) the cantonal police,

b) the cantonal secondary schools, vocational schools, and higher education institutions.

3. The KDI may require the organizations mentioned in paragraph 2 to use specific corporate applications.

1. Authorities may collect and process personal data necessary for digital communication with private individuals (Art. 8 Digital Traffic Act) to fulfill their duties.

2. This includes, in particular,

a. Contact information such as email addresses, telephone, and mobile phone numbers,

b. Identification numbers.

3. Federal law identification numbers may only be processed if the requirements of federal law are met.

1. The cantonal authorities shall ensure economic efficiency in the use of resources for the digitization of their processes, in particular as follows

a) They analyze the costs and benefits of projects for the affected authorities and private individuals and prioritize projects with the best cost-benefit ratio.

b) They utilize existing ICT resources, such as basic ICT services or corporate applications, whenever possible.

c) They procure and use ICT resources in collaboration with other authorities, including those from other cantons or the federal government, whenever possible.

2. They shall, if necessary, subordinate their own interests and requirements for this purpose.

1. All authorities shall adapt their digital services to the DVG and this regulation as necessary during the next procurement or amendment, but no later than six years after the enactment of this regulation.

2. They shall implement digital services that they are required to provide under the DVG or this regulation within four years of the enactment of this regulation.

3. They shall adapt their processes, decrees, directives, other regulations, and tools to the DVG and this regulation,

a) if they concern digital services according to paragraph 1 or 2: within the timeframe specified therein,

b) if other cases than those in letter a are present: within two years of the enactment of this regulation.

4. The directorates and the state chancellery shall present the government council with any further necessary adjustments to regulatory law due to the DVG within two years of the enactment of this regulation.

1. The following decrees are amended

1. Ordinance of 18 October 1995 on the Organization of the Government Council (Government Council Organization Ordinance; GCOO)[[4]](#enumeration_itemtext_content_fn_2606188_2_4_c),

2. Ordinance of 13 March 2013 on the Classification, Publication, and Archiving of Documents related to Government Council Matters (Classification Ordinance, CLO)[[5]](#enumeration_itemtext_content_fn_2606192_2_5_c),

3. Ordinance of 18 October 1995 on the Organization and Duties of the Finance Directorate (Finance Directorate Organization Ordinance; FDOO)[[6]](#enumeration_itemtext_content_fn_2606193_2_6_c),

4. Personnel Ordinance of 18 May 2005 (PO)[[7]](#enumeration_itemtext_content_fn_2606194_2_7_c),

5. Ordinance of 24 October 2007 on the Rules of Procedure for Regional Conferences (RPCO)[[8]](#enumeration_itemtext_content_fn_2606195_2_8_c),

6. Ordinance of 5 August 1998 on Exceptions to the Obligation to Destroy Police Data (Data Destruction Ordinance, DDO)[[9]](#enumeration_itemtext_content_fn_2606196_2_9_c),

7. Ordinance of 28 March 2007 on the Employment of Teaching Staff (TEO)[[10]](#enumeration_itemtext_content_fn_2606197_2_10_c),

8. Ordinance of 26 March 1997 on Statistics (Statistics Ordinance, STO)[[11]](#enumeration_itemtext_content_fn_2606198_2_11_c),

9. Ordinance of 22 August 2001 on the Financial Equalization and Burden Sharing (FEBSA)[[12]](#enumeration_itemtext_content_fn_2606199_2_12_c),

10. Cantonal Energy Ordinance of 26 October 2011 (CEO)[[13]](#enumeration_itemtext_content_fn_2606200_2_13_c),

11. Road Traffic Ordinance of 20 October 2004 (RTO)[[14]](#enumeration_itemtext_content_fn_2606201_2_14_c),

12. Ordinance of 28 October 1998 on the Taxation of Road Vehicles and the Collection of Claims by the Road Traffic and Navigation Office (TRVTO)[[15]](#enumeration_itemtext_content_fn_2606202_2_15_c),

13. Ordinance of 24 November 2021 on Social Benefit Services (SBSO)[[16]](#enumeration_itemtext_content_fn_2606203_2_16_c),

14. Ordinance of 5 November 1997 on the Conservation of Natural Resources and Cultural Landscapes (CNCL)[[17]](#enumeration_itemtext_content_fn_2606204_2_17_c),

15. Hospitality Industry Ordinance of 13 April 1994 (HIO)[[18]](#enumeration_itemtext_content_fn_2606205_2_18_c),

16. Cantonal Gaming Ordinance of 2 December 2020 (CGO)[[19]](#enumeration_itemtext_content_fn_2606206_2_19_c).

1. The Ordinance of January 24, 2018, on Information and Telecommunication Technology of the Cantonal Administration (ICTV)20 is repealed.

1. This regulation comes into force together with the Digital Administration Act (DVG) of March 7, 2022.