Subject Matter (BIG)

This law governs the participation of the canton in Bedag Informatik, as well as the purpose and organization of this IT enterprise.

1. Under the name "Bedag Informatik" (Bedag Informatique), a corporation is operated in accordance with Article 620 et seq. of the Swiss Code of Obligations (CO) with its headquarters in Bern.

1. Bedag Informatik provides information technology services in compliance with the principles of a market economy.

2. It may engage in all legal transactions that are associated with the corporate purpose, in particular acquiring and selling real estate, raising and investing funds in the money and capital markets, as well as establishing companies, participating in companies, or cooperating with third parties in other ways.

3. The statutes regulate the details and implement the ownership strategy of the government council.

1. Cooperation in the Service Sector between Bedag Informatik and the Relevant Authorities of the Canton is Governed by Contracts.

1. The canton holds at least the absolute majority in terms of capital and votes in Bedag Informatik. Paragraph 2 remains reserved.

2. Any transfer of the capital or voting majority by the canton requires the approval of the Grand Council.

1. The organization of Bedag Informatik is governed by the Swiss Code of Obligations and by the Articles of Association.

1. Bedag Informatik is subject to the data protection legislation of the Canton of Bern insofar as it performs cantonal tasks.

2. It is subject to federal data protection legislation insofar as it provides commercial services for third parties without a special mandate from the Canton.

3. It is subject to other data protection laws insofar as this is agreed upon or provided for by special data protection legislation.

1. Bedag Informatics agrees with the individual service recipients on the information security to be observed by them within the scope of the respective contracts.

2. It establishes an internal control for information security.

3. It has the information security reviewed annually by an independent external specialist body with a focus on specific areas.

4. It informs the affected service recipients in an appropriate manner about the results of the review in accordance with paragraph 3.

1. The rights and duties that the Canton holds against Bedag Informatik are exercised by the Cantonal Government within the framework of corporate law.

2. The oversight of financial control is governed by the Cantonal Financial Control Act of March 7, 2022 (KFKG).

1. For the civil liability of the organs of Bedag Informatik and their members, the provisions of federal law shall apply.

1. Upon registration in the commercial register, the existing public law institution Bedag Informatik is converted into a corporation in accordance with Article 620 et seq. of the Swiss Code of Obligations without liquidation.

2. From this point in time, the corporation Bedag Informatik fully assumes the rights and obligations of the previous public law institution Bedag Informatik.

1. The initial statutes of Bedag Informatik require the approval of the Grand Council.

2. The authority for subsequent amendments to the statutes is determined by the provisions of the Code of Obligations.

1. The legal actions for the transformation of Bedag Informatik into a joint-stock company are the responsibility of the Executive Council.

2. The Executive Council may be represented by one of its members, provided that public notarization is necessary for the legal actions according to paragraph 1.

1. The costs of the conversion shall be borne by Bedag Informatik.

1. The following enactments are amended

1. Data Protection Act of February 19, 1986:[[3]](#enumeration_itemtext_content_fn_2484231_2_3_c)

2. Tax Act of May 21, 2000 (StG):[[4]](#enumeration_itemtext_content_fn_2484233_2_4_c)

1. The Act of August 29, 1989, concerning BEDAG Informatics (BSG 152.031.2) is repealed.

1. This law shall enter into force on January 1, 2003.