Subject Matter (GERESV)

1. This regulation governs the establishment and operation of the municipal registry systems platform (GERES platform).

2. The GERES platform is a central personal data collection in accordance with Article 4 paragraph 1 letter b of the PDSG.

1. This regulation applies to the authorities mentioned in Article 2, Paragraph 6, as well as their representatives under Article 16 of the Data Protection Act of February 19, 1986 (KDSG).

2. The authorities and representatives are either suppliers or recipients of personal data on the GERES platform.

1. The GERES Platform serves

a) to fulfill the duties of the canton under the Federal Act of June 23, 2006, on the Harmonization of Residents' Registers and Other Official Registers of Persons (Register Harmonization Act, RHG), the Federal Act of December 16, 2005, on Foreign Nationals and Integration (Foreign Nationals and Integration Act, AIG), as well as under the General National Act (GNA),

b) as a source data collection for the authorities according to Article 2 to fulfill their legal duties,

c) for statistical and other purposes under cantonal or federal law.

1. In this regulation, the following terms mean

a EGID: Building Identifier according to Article 6 letter c of the RHG,

b EWID: Housing Identifier according to Article 6 letter d of the RHG,

c GWR: Building and Housing Register according to Article 1 of the Federal Ordinance of June 9, 2017, concerning the Federal Building and Housing Register (VGWR)[[7]](#enumeration_itemtext_content_fn_2859420_2_7_c),

d Event: The change of a personal attribute or the expression of an attribute and the reason for it,

e Sedex: Central Information and Communication Platform, which the Confederation provides to the competent authorities for secure data transmission (secure data exchange) according to Article 2 letter b of the Federal Register Harmonization Ordinance of November 21, 2007 (RHV)[[8]](#enumeration_itemtext_content_fn_2859422_2_8_c),

f AHVN: Insurance Number according to Article 50c of the Federal Act of December 20, 1946, on Old-Age and Survivors Insurance (AHVG)[[9]](#enumeration_itemtext_content_fn_2859423_2_9_c),

g Historicization: Recording of the change of data upon their storage in the data collection.

2. Otherwise, the definitions in the RHG and the PDSG apply in this regulation.

1. The Office for Information Technology and Organization (KAIO) is responsible for the operation of the GERES platform and thus, in accordance with Articles 13 et seq. of the PDSG.

2. It implements a system for comparing GERES data with the data collections of users and authorities to identify discrepancies.

1. The GERES platform includes the personal data and functionalities required to fulfill the purposes according to Article 3.

1. The GERES platform records the residents and individuals staying in accordance with Articles 3 and 4 NAG and Article 12 AIG.

2. The GERES platform includes the following characteristics for the persons mentioned in paragraph 1

a) Characteristics under Articles 6 and 7 RHG,

b) Characteristics under Article 8 in conjunction with Article 49 of the Federal Ordinance on Civil Status of 28 April 2004 (ZStV),

c) Correspondence language according to Article 6 of the Cantonal Constitution of 6 June 1993 (KV),

d) Address and information block pursuant to Article 13 KDSG,

e) Restriction of data disclosure according to Article 14 KDSG,

f) Document and record block pursuant to Article 237 paragraph 2 letter b of the Swiss Code of Criminal Procedure of 5 October 2007 (Criminal Procedure Code, StPO),

g) Characteristics under Article 2 paragraph 1 of the Ordinance of 18 June 1986 regarding the Establishment and Residence of Swiss Nationals (NAV).

1. The GERES platform allows the retrieval or reporting of personal data per municipality or parish, as a combination of different municipalities or parishes, or across the entire cantonal area.

2. Due to historical recording, the GERES platform enables the display of past event reports, up to a maximum of the last five years since the most recent event report.

1. The GERES platform maintains the following data and characteristics which are particularly sensitive personal data (Art. 3 KDSG)

a. Affiliation with a state-recognized church or a public-law recognized religious community (denomination),

b. Identity and document block,

c. Foster parents,

d. Comprehensive guardianship,

e. Guardian,

f. Identifier of the KESB relationship.

1. The GERES platform includes the following functionalities that allow for profiling or can otherwise generate particularly sensitive personal data

a) Event history tracking,

b) Mapping of individuals within the same household,

c) Relationships between individuals resulting from marriage,

d) Relationships between parents and children, including foster and adoptive parents,

e) Relationships between individuals resulting from guardianship,

f) Relationships between individuals resulting from comprehensive care mandates,

g) Relationships between individuals resulting from a power of attorney for care,

h) Indication of document and correspondence restrictions.

2. The remaining functionalities are listed and described in Appendix 2.

The processing of particularly sensitive personal data and the use of functionalities are permissible to the extent that the fulfillment of legal duties necessarily requires it (Art. 5 para. 4 PDSG).

1. The GERES platform features a basic profile that includes the characteristics outlined in Annex 1.

2. The basic profile

a. does not include functionalities that allow profiling or otherwise generate particularly sensitive personal data,

b. is available to all authorities that require this personal data to fulfill their legal duties,

c. displays individuals who are subject to restricted data disclosure under Article 14 of the KDSG only to authorities that are legally authorized to access it.

1. The GERES platform includes standard profiles, which can also contain particularly sensitive personal characteristics or profiles generated through functionalities.

2. The standard profiles encompass the characteristics listed in Appendix 1.

3. They display only to the authorities legally authorized, those individuals subject to restricted data disclosure pursuant to Article 14 of the Data Protection Act (KDSG).

1. The AHVN is available to the authorities for systematic use as a personal identification number, insofar as this is necessary for the fulfillment of their legal duties.

1. Address and Information Restrictions under Article 13 KDSG for Private Individuals are Noted in the GERES Platform.

2. The Data of Individuals with Disclosure Restrictions pursuant to Article 14 KDSG are Not Disclosed to Authorities, Their Representatives, or Their Systems through Retrieval or Reporting Procedures.

1. The following authorities have access to the GERES platform directly or through their own systems despite restricted data disclosure in retrieval or reporting procedures

a) Cantonal Police,

b) Emergency Medical Services,

c) Civil Status Authorities,

d) Migration Authorities,

e) KAIO.

2. Data may be disclosed to other authorities or private individuals upon request, provided their interests outweigh the public or private interest in restricting data disclosure.

3. The KAIO decides on the requests. The concerned person shall be heard unless doing so would thwart the prevailing interest of the applicant. The authorities responsible for data collection may also be consulted.

1. The KAIO is responsible for information security and data protection (ISDS) within its jurisdiction for the GERES platform in accordance with data protection and specific legislation.

2. The KAIO

a) outlines the ISDS measures to be implemented in an ISDS concept,

b) issues the technical instructions or orders for the implementation of ISDS measures and concludes the necessary contracts,

c) ensures appropriate training for the users of the GERES platform.

3. The implementation of ISDS measures is periodically reviewed through audits by external third parties.

1. The directorates and the state chancellery regulate the application and access rights as well as access via systems through directorate ordinances, and the judicial administration management through a regulation.

2. The authorization rules apply to the following units of the issuing authority

a. Subordinate organizational units,

b. Supervised independent entities and individuals executing public tasks,

c. Mandated individuals processing personal data on behalf of the authority.

3. The authorities under the Municipal Act of March 16, 1998 (GG) and the Act of March 21, 2018 concerning the Bernese Territorial Churches (Territorial Church Act, LKG) are fundamentally entitled to apply and access as per Appendix 3.

4. They regulate, by ordinance, the application and access rights beyond Appendix 3 for their subordinate organizational units, supervised independent entities executing public tasks, their agents or their systems.

1. The authorization rules determine the following

a. the organizational units, departments, or sectors of authorities or other entities carrying out public duties that are authorized to access,

b. the authorized representatives,

c. the purpose of data processing according to letters a and b,

d. the functions of authorities or representatives authorized to access,

e. the systems of authorities or representatives authorized to access,

f. the assignment of base and standard profiles per function or system,

g. the assignment of functionalities per function or system,

h. the functions of the authorities or representatives that may apply to KAIO for the opening, modification, or cancellation of a user account.

2. Only the superiors of an organizational unit, department, or sector of an authority or representative can be authorized under paragraph 1 letter h to apply to KAIO for the opening, modification, or cancellation of a user account for their subordinate functions or systems.

1. Authorization rules must be submitted to the competent data protection supervisory authority for comment prior to issuance and each revision (Art. 11 Para. 1 PDSG). The date of the commentary must be noted in the authorization rules.

2. Following their legally binding issuance or revision, the authorization rules must be delivered to the KAIO for publication on the internet, provided they are not included in the Bern Systematic Legal Collection (BSG).

3. Publication will occur if the authorization rules meet the requirements of Article 19 and Article 20 Paragraph 1. Otherwise, they will be returned by the KAIO for improvement.

**The KAIO Establishes Accounts for Authorized Entities**

The KAIO establishes personal user accounts for the bodies of authorized authorities, independent carriers of public duties, and agents, as well as impersonal, separate system accounts, provided the application is based on current and published authorization rules.

If the authorization rules are not published, are not current, or do not meet the requirements pursuant to Article 19 and Article 20, paragraph 1, the KAIO rejects the application.

1. Special processing rules apply to the following authorities of groups of persons without a distinct local data scope, as per Article 8, paragraph 1

a) Civic communities,

b) Public child and adult protection authority,

c) Church communities and total church communities, insofar as their boundaries do not follow the boundaries of resident communities.

2. These authorities may only process personal data concerning their group members. They must proceed as follows

a) The authority identifies the person whose data they wish to access using the AHVN, or by name, first name, and date of birth if the AHVN is not available to the authority.

b) The GERES platform transmits the personal data of the identified person to the authority according to their authorization and request.

3. The KAIO regularly reviews data access, at least annually, on a sample basis for plausibility. In case of signs of misuse, it blocks the relevant user account until the authorization of the requesting authority is proven.

4. These processing rules apply as long as the groups of persons cannot be represented on the GERES platform.

1. The KAIO destroys personal data no later than five years after the notification of departure or death of the individual to the municipality.

2. The destruction of personal data on the GERES platform does not affect any obligations to maintain or preserve personal data in other data collections.

1. The municipalities transfer the personal data from their resident registers to the GERES platform via Sedex.

1. Municipalities may assign an administrative apartment number and record it in the residents' register.

2. They shall transmit the number as the "apartment number of the canton or municipality" pursuant to Article 8 paragraph 3 letter b of the VGWR to the federal authority responsible for maintaining the GWR.

3. They may commission third parties to assign the number and to handle the assignment of persons to dwellings necessary for maintaining the official registers.

1. Municipalities may label all or specific dwellings within their territory with the administrative housing number.

2. The numbering scheme, as well as the design and placement of the number plates, shall conform to the recommendations of the Federal Statistical Office.

3. Property owners and residents are obligated to report damaged or removed number plates to the municipality.

1. The amendment of personal data on the GERES platform is generally carried out by the competent municipality exclusively in the form of event reporting.

2. As an exception, the KAIO can amend the personal data on the GERES platform, provided that

a) for technical reasons, this cannot be handled by the municipality itself, and

b) the municipality has given the KAIO a written and justified mandate to do so.

3. Municipalities continuously transmit, but at least once per working day, events related to personal attributes in their registers to the GERES platform.

4. Notifications for the purpose of preparing electronic voting are made according to the Ordinance of 27 October 2010 on Electronic Voting for Swiss Citizens Abroad (ESASV)[[16]](#paragraphtext_content_fn_4663500_2_16_c).

1. Registration with the residents' registration office also fulfills the reporting obligation pursuant to Article 27 of the Federal Act of 3 February 1995 on the Army and Military Administration (Military Act, MA)[17] and pursuant to Article 25 paragraph 1 letters a and b of the Federal Ordinance of 11 November 2020 on Civil Protection (Civil Protection Ordinance, CPO)[18].

1. The Municipalities

a) are responsible for the accuracy of the personal data maintained in the GERES platform,

b) initiate corrections and report them to the GERES platform as soon as they discover discrepancies between the GERES platform and their resident register.

2. After the municipalities receive an error report from the GERES platform, from KAIO, or from its clearing office, they must report the corrected personal data within five business days.

3. The KAIO may order the re-submission of the data and instruct the municipalities to verify the quality of their registry data.

1. Municipalities may require industrial enterprises, by order, to regularly and gratuitously transmit personal data necessary for the determination and maintenance of the EGID and EWID for individuals required to register in the municipality, provided that

a) the enterprises provide their services within the municipal territory,

b) the enterprises maintain the required personal data in the course of their operations,

c) it is reasonable under the circumstances for the enterprises to transmit the data.

2. The order specifies the personal data to be transmitted, the relevant group of persons, as well as the form and frequency of the transmission.

3. If the enterprises do not transmit the required personal data, the municipality may impose, in addition to other forms of administrative enforcement, fees based on effort on the enterprises for the costs incurred by the municipality for the determination and maintenance of the EGID and EWID.

1. The KAIO fulfills the responsibilities of the canton arising from the PDSG and RHG, in collaboration with other authorities of the cantonal administration where necessary.

2. It is the authority responsible for the coordination, implementation, and quality control of the register harmonization according to Article 9 RHG.

3. It transfers the personal data from the GERES platform to the authorized authorities in accordance with federal law and special legislation.

1. The KAIO may, on a case-by-case basis, disclose personal data from the GERES platform as part of administrative assistance under Article 10 KDSG and for research, practical training, statistics, or planning under Article 15 KDSG.

2. Repeated intra-annual or ongoing data disclosure requires authorization rules according to Article 18 and following.

3. The disclosure of data by the KAIO to agents of an authorized authority is permitted at the request of the authority under the following conditions

a) The authority has contracted the third party for data processing with a contract.

b) The authority has authorized the agent for data processing with its authorization rules (Art. 19 para. 1 letter b).

4. In relation to authorities with their own legal personality or their agents, the KAIO stipulates the conditions and requirements for data disclosure, in particular

a) the legal basis for data processing,

b) the purpose of data processing,

c) the data to be disclosed by specifying the base or standard profiles as well as the functionalities,

d) the obligation to comply with ISDS regulations,

e) the fees, if such are to be charged.

1. The KAIO issues the technical directives necessary for the harmonization of cantonal registers and establishes the requirements for data transmission to the GERES platform, between municipalities, as well as for digital relocation notifications.

2. The KAIO

a) defines the interface specification,

b) determines the specifications approved for data transmission,

c) adheres to federal guidelines, the state of the art, and established standards.

3. It makes the directives publicly accessible.

The KAIO examines and certifies resident register interface software upon a written application.

Applicants are obliged to cooperate in the examination.

The certification confirms that the examined version of the interface software is suitable and approved for data transmission.

1. Eligible to apply is anyone who can demonstrate that they

a* intend to develop an interface software that is distributed or is to be distributed in the canton in the foreseeable future, and

b* are capable and authorized to reproduce and modify the interface software and the corresponding resident registry software to the extent necessary for the implementation of interface requirements and for certification (holder of rights).

1. Only interface software that correctly and completely implements the currently applicable standards of the eCH Association is approved for data transmission.

1a. The following standards apply to data transmission to the GERES platform

a) eCH-0006 - Data Standard for Categories of Foreign Nationals,

b) eCH-0007 - Data Standard for Municipalities,

c) eCH-0008 - Data Standard for States and Territories,

d) eCH-0010 - Data Standard for Postal Addresses for Natural Persons, Companies, Organizations, and Authorities,

e) eCH-0011 - Data Standard for Personal Data,

f) eCH-0020 - Interface Standard for Registration Reasons in the Personal Register,

g) eCH-0021 - Data Standard for Additional Personal Data,

h) eCH-0044 - Data Standard for Exchange of Personal Identifications,

i) eCH-0045 - Data Standard for Voting and Election Registers,

k) eCH-0058 - Interface Standard for Notification Framework,

l) eCH-0135 - Data Standard for Place of Origin.

1b. The following standards apply to data transmission between municipalities and for digital relocation notifications

a) eCH-0093 - Process for Departure and Arrival,

b) eCH-0194 - Interface Standard eRelocation V2.0,

c) eCH-0221 - Reference Model eRelocation CH.

2. Additionally, the regulations for Sedex according to Articles 11 ff. of the RHV apply to data transmission.

1. Certification is subject to the condition that the rights holders must immediately inform the KAIO, specifying the version number, if and to what extent

**a** the interface software or the associated resident registry software experiences a functional change, which cannot be ruled out as having an impact on the function of the interface software examined during certification,

**b** the rights to the interface software or the associated resident registry software are transferred to third parties.

2. The KAIO may impose additional conditions on the certification.

1. The KAIO may revoke the certification at any time, namely

a) in the event of a change in the factual, legal, or technical foundations of the certification,

b) in case of a violation of the certification conditions.

2. The certification shall lapse automatically if the version of the interface software implemented by the tested version of the interface is no longer approved for data transmission.

1. The KAIO issues a reminder to the affected municipality to rectify the error notification after the expiration of the five working days as stipulated in Article 29, Paragraph 2, setting a second deadline of five working days.

2. If the second deadline expires without resolution, the KAIO issues a second reminder to the municipality and charges a reminder fee of 50 Swiss Francs per unrectified error notification.

1. The provision of data to the authorities of the cantonal administration without legal personality as well as to the resident, civic, and church communities is free of charge, except for the costs related to Sedex. These may continue to be passed on by the KAIO.

2. Other autonomous carriers of public tasks of the cantonal administration and according to the provisions of the GG or the LKG are also charged the remaining external costs of the KAIO.

3. Data recipients who also pursue a commercial purpose are charged both internal and external costs.

1. Certification is generally free of charge.

2. Applicants bear their own costs.

3. The KAIO may impose effort-dependent fees pursuant to Article 8 of the Ordinance of February 22, 1995, on the Fees of the Cantonal Administration (Fee Ordinance, GebV) if it incurs a special effort in connection with the granting or withdrawal of certification, for which the applicants are responsible, especially due to insufficient cooperation.

1. **Restrictions on Data Disclosure as per Article 15 Paragraph 2 and Article 16 Paragraph 1**

The restrictions on data disclosure specified in Article 15 paragraph 2 and Article 16 paragraph 1 are to be implemented on the GERES platform within three years after the entry into force of this regulation.

2. **Authorization Rules as per Article 18 et seq.**

The authorization rules according to Article 18 and subsequent articles are to be issued or updated within one year after the entry into force of this regulation. Thereafter, applications for the creation or adjustment of user accounts will be rejected by the KAIO, and existing user accounts will be deleted.

3. **Interim Authorization Rules Until Enactment**

Until the enforcement of the authorization rules outlined in Article 18 et seq., the authorizations according to Article 14 in conjunction with Annex 1 of the Ordinance of March 12, 2008, on the Harmonization of Official Registers (RegV)[20] shall remain in effect.

1. This regulation amends the following decrees

a. Introductory Ordinance of December 23, 2009, to the Federal Passport Act (EV AwG)[[21]](#enumeration_itemtext_content_fn_2859507_2_21_c),

b. Ordinance of December 10, 1980, on the Electoral Register[[22]](#enumeration_itemtext_content_fn_2859508_2_22_c),

c. Ordinance of October 27, 2010, on Electronic Voting for Swiss Citizens Abroad (ESASV)[[23]](#enumeration_itemtext_content_fn_2859509_2_23_c),

d. Ordinance of January 24, 2018, on Information and Telecommunications Technology of Cantonal Administration (ICTV)[[24]](#enumeration_itemtext_content_fn_2859510_2_24_c),

e. Ordinance of October 18, 1995, on the Organization and the Tasks of the Financial Directorate (Organizational Ordinance FIN; OrV FIN)[[25]](#enumeration_itemtext_content_fn_2859511_2_25_c),

f. Ordinance of February 22, 1995, on the Fees of Cantonal Administration (Fee Ordinance; GebV)[[26]](#enumeration_itemtext_content_fn_2859512_2_26_c),

g. Ordinance of April 24, 2019, on the Bernese National Churches (LKV)[[27]](#enumeration_itemtext_content_fn_2859513_2_27_c),

h. Ordinance of November 2, 2011, on the Offers of Social Integration (ASIV)[[28]](#enumeration_itemtext_content_fn_2859514_2_28_c).

1. The Ordinance of March 12, 2008, on the Harmonization of Official Registers (RegV)[29] is repealed.

1. This regulation shall enter into force on March 1, 2021.

2. Article 15 paragraph 2 and Article 16 paragraph 1 shall apply from March 1, 2024.