Kanton Glarus (DVG)

Subject Matter

1 This Act regulates

a.

the principles for the digitalization of government services;

b.

the foundations for intra-cantonal and inter-cantonal cooperation as well as cooperation with the Confederation in the area of digitalization of government services;

c.

the granting of financial assistance to private entities to promote the digital transformation in the economy and society;

d.

the organization, operation, and use of the government portal of the Canton of Glarus and its municipalities.

1. Dieses Gesetz gilt für Behörden und Träger öffentlicher Aufgaben des Kantons und der Gemeinden unabhängig von ihrer Rechtsform (Behörden).

2. Es gilt nicht für

| | | | | | --- | --- | --- | --- | | a. **\*** | die gerichtlichen Behörden gemäss Gerichtsorganisationsgesetz[[2]](#enumeration_itemtext_content_fn_458718_2_2_c); | | |

| | | | | | --- | --- | --- | --- | | b. **\*** | die öffentlich-rechtlichen Korporationen gemäss Gemeindegesetz[[3]](#enumeration_itemtext_content_fn_458719_2_3_c). | | |

Digital Primacy

1 Authorities shall act, inform, and communicate in digital form,

unless they cannot effectively perform their tasks otherwise.

2 The legally authoritative form of documents is digital.

1)

GS I A/1/1

2) GS III A/2

3) GS II E/2

SBE 2022 64

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3 Any person may request a paper extract of the digital document from the competent authority.

4 Special provisions, particularly in procedural law, remain reserved.

Digital Communication with Public Authorities

1 The following are obligated to engage in digital communication with public authorities

a. other public authorities;

b. legal entities;

c. natural persons who communicate with public authorities in the

context of their professional activity.

2 The obligation to engage in digital communication with public authorities applies insofar as the legislation or the public authorities designate the means to be used for this purpose.

3 Public authorities may create incentives for natural persons to voluntarily use digital communication.

Digital Inclusion

1 Digital government services must be usable by the demanding persons as simply as possible and with the generally customary means of information and communication technologies, especially by people with disabilities.

2 Restrictions are permissible, in particular for reasons of economic efficiency, technical feasibility, or security.

Data Procurement

1 Personal and factual data shall, where possible, be procured and managed by the authorities only once.

Digitization of Physical Documents

1 Public authorities shall scan physically submitted documents electronically.

Excluded are documents that are unsuitable for this purpose due to technical or

evidentiary reasons.

2 Physically submitted documents shall generally be destroyed after their digitization.

Their use in the proceedings remains reserved.

3 The Government Council shall regulate the procedure for the digitization of physical

documents.

Open-Source Software and Open Government Data

1 Authorities may publish software, other intangible assets and data under a licence that permits free use, distribution, and modification by anyone.

2

The licence may

a. exclude the liability of the publishing authority;

b. oblige users to publish derivative works under the same conditions.

3 Specific provisions, in particular regarding the protection of secrets, remain reserved.

3. Cooperation

3.1. Canton and Municipalities

Principle

1. The Canton and the municipalities shall jointly use information and communication technologies to improve the performance of their tasks and to simplify business transactions. They shall be guided by the state of the art.

2. They shall periodically establish a joint e-government strategy and a joint IT strategy.

E-Government and Information Technology Strategy

1 The Government Council periodically, but at least every four years, issues an E-Government Strategy and an Information Technology Strategy.

2 The strategies shall be developed with the involvement of representatives from the municipalities and specialists, and shall be regularly reviewed.

3 They shall take into account the needs of the Canton and municipalities, as well as the population and the economy. They shall observe superordinate plans and the requirements of the Confederation.

4 The Government Council shall report to the Cantonal Parliament at least every four years on the implementation of the E-Government and Information Technology Strategy.

Competence Center for Digital Administration

1 The Competence Center for Digital Administration is responsible for the coordinated implementation of the e-government strategy.

2 It ensures the involvement of the municipalities and represents the canton in the field of e-government in intercantonal and national bodies.

3 The Government Council determines the further tasks of the Competence Center and its powers.

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1. Der Informatikdienst des Kantons (Informatikdienst) erbringt zentrale Informatik- und Kommunikationsdienstleistungen für

| | | | | | --- | --- | --- | --- | | a. | die kantonale Verwaltung gemäss Artikel 15 Absatz 1 und 2 des Regierungs- und Verwaltungsorganisationsgesetzes[[4]](#enumeration_itemtext_content_fn_458725_2_4_c); | | |

| | | | | | --- | --- | --- | --- | | b. | die gerichtlichen Behörden gemäss GOG; | | |

| | | | | | --- | --- | --- | --- | | c. | die Gemeinden. | | |

2. Er kann seine Dienstleistungen ausserdem erbringen für

| | | | | | --- | --- | --- | --- | | a. | die selbstständigen öffentlich-rechtlichen kantonalen und kommunalen Anstalten; | | |

| | | | | | --- | --- | --- | --- | | b. | weitere Organisationen des privaten und öffentlichen Rechts, die öffentliche Aufgaben für den Kanton oder die Gemeinden erfüllen. | | |

3. Der Regierungsrat legt die Aufgaben, Funktionen und Zuständigkeiten des Informatikdienstes fest.

4. Der Informatikdienst kann einzelne Aufgaben an Dritte übertragen.

Performance Agreement

1 The Government Council concludes performance agreements with the municipalities and, where appropriate, with the organizations pursuant to Article 12, paragraph 2, concerning the information and communication services to be provided by the IT service.

2 The performance agreement particularly regulates the type, scope, remuneration, and quality of the services to be rendered.

Financing

1 The information and communication services of the IT department are charged to service recipients at full cost.

2 Joint projects are financed in proportion to the population of the Canton and municipalities or on a project-specific basis.

3 The approval of expenses and outlays requires the sanction of the competent authorities.

Access and Processing Rights

1 As the operator of the information and communication infrastructure and of

specialized applications, the IT Department is granted the access and processing rights to factual and

personal data, as well as particularly sensitive personal data, that are necessary for the fulfillment of its

duties.

2 The authorities responsible for the processing of factual and personal data, as well as particularly

sensitive personal data, may disclose these to the IT Department insofar as the latter requires them for the fulfillment of its

duties.

4) GS II A/3/2

Auslagerung II H/1

1 If the IT service department outsources the performance of individual tasks (Art. 12

Para. 4), it must ensure through agreement, conditions, or other suitable

means that

a. the performance of state tasks remains guaranteed without significant

impairment, even if the contractor fails to comply with agreements

or ceases business operations;

b. the contractor adheres to at least the same requirements regarding

data protection and data and operational security as those applicable

to the IT service department.

2 If the outsourcing affects data for which the IT service department is not responsible,

the outsourcing requires the consent of the authority responsible for processing

this data (Art. 32).

3 Aspects of data protection and data and operational security must be taken into

account already during the selection of the contractor.

3.2. Other Public Entities

Conclusion of Agreements

1 The Government Council may conclude agreements with other Swiss municipalities and organizations concerning the technical and organizational implementation of cooperation in the field of e-government and its financing.

2 The agreements may provide for the creation of or participation in joint organizations with their own legal personality.

3 Insofar as the agreements require further legal bases, for example because the legal position of private individuals is affected with regard to data protection or in procedures, they are permissible if the necessary legal foundations for them exist.

**3.3. Financial Aid to Private Individuals**

Financial Aid

1 The Government Council may, within the framework of approved credits, provide financial aid to private individuals for innovative projects in the field of digital transformation.

2 The Government Council shall determine the conditions and regulate the details.

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4. Authorities Portal

4.1. General Provisions

Purpose of the Government Portal

1 The government portal offers digital government services from the canton

and the municipalities.

2 It enables private individuals and companies to conduct transactions with the authorities

via the internet without media disruption.

Transmission of Data and Documents

1 The transmission of data and documents within the scope of digital govern-

ment services takes place, depending on the requirements of the competent authority, via

the government portal or via a delivery platform recognised by the Government Council.

2 Cases in which authorities have specific information and communication solutions for the transmission of data and documents remain reserved.

3 The Government Council determines the requirements for the components of the government portal and regulates the transmission process.

Unavailability of the Authority Portal

¹ If the authority portal or the recognized delivery platform designated by law or the authority is unavailable on the day the deadline expires, the deadline shall be extended until the day following the day on which the authority portal or platform first becomes available again.

² If the following day falls on a Saturday, a Sunday, or a public holiday recognized by the state, the deadline shall end on the next working day.

³ The unavailability must be made credible by the user.

1. Die Behörden dürfen Daten der kantonalen Datenplattform gemäss dem Einführungsgesetz zum Registerharmonisierungsgesetz[[5]](#paragraphtext_content_fn_895964_2_5_c) abfragen und sich systematisch melden lassen für

| | | | | | --- | --- | --- | --- | | a. | die Identifizierung von Nutzerinnen und Nutzern; | | |

| | | | | | --- | --- | --- | --- | | b. | die Abklärung der Zuständigkeit. | | |

2. Die Abfrage darf mit der Versichertennummer gemäss Artikel 50c des Bundesgesetzes über die Alters- und Hinterlassenenversicherung[[6]](#paragraphtext_content_fn_895965_2_6_c) (AHV-13-Nr.) getätigt werden, wenn die abfragende Behörde die Versichertennummer für die Erfüllung ihrer Aufgaben verwenden darf.

3. Die Behörden dürfen durch ein automatisiertes Verfahren Einsicht in Daten von weiteren amtlichen Registern nehmen, die sie zur Erfüllung ihrer Aufgaben benötigen, sofern die Nutzerin oder der Nutzer dem Abruf zugestimmt hat.

Purpose of the User Account

1 The use of the Authority Portal requires the creation of a user account.

2 It serves to identify the users.

Personal User Account

1 The Government Council determines the personal data that must be provided when opening a personal user account.

2 It may stipulate the collection of the AHV-13 number.

Non-personal User Account

1 Authorized natural persons who have a personal user account can additionally create a non-personal user account

a. for legal entities and partnerships under private law;

b. for legal entities under public law;

c. for sole proprietorships.

2 Through the non-personal user account, natural persons can utilize those digital government services that are geared towards businesses or intended for public authorities.

3 The Government Council specifies the data that must be provided when opening a non-personal user account. It may provide for the collection of the Enterprise Identification Number (UID).

User Identity

1 Upon opening a user account, the user receives a unique and immutable

electronic user identity.

6) SR 831.10

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2 Existing electronic user identities recognized by the Canton can be linked

to the user account of the Authority Portal and used for processing

transactions.

3 The Government Council regulates the technical implementation and defines

the requirements for the recognition of further user identities.

Authentication and Verification

1 Users must authenticate themselves before every business transaction.

2 Different trust levels apply depending on the protection requirements of the requested government service.

3 The Government Council determines the trust levels. It regulates the authentication and verification procedure.

Access Rights

1 Authorized employees of the authorities have access to the user account insofar as this is necessary for the fulfillment of their statutory duties.

2 Users can grant permission to their representatives, who themselves have a user account, to handle one or more transactions on their behalf and equip them with the necessary access rights for this purpose.

3 Access authorization is divided into an authorization for inquiry and an authorization for editing.

Logging and Data Backup

1 Every access to the user account is logged for traceability purposes.

2 The Government Council regulates the details of logging, the creation of backup copies, the inspection of recorded and secured data, as well as the duration of storage.

Account Deletion

1 Users may request the deletion of their account at any time.

2 The Canton may delete the user account after prior notification to the user

a. if the user has not logged into the government portal for more than two years;

b. in the event of significant or repeated violations of the terms of use.

3 Upon deletion, the data stored in the user account will also be deleted.

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4.3. Responsibilities

Operator

1 The IT service is responsible for the technical operation, maintenance, and further development of the government portal.

2 It decides on the closure of user accounts in accordance with Article 30 paragraph 2.

Authorities

1 The authorities are responsible for processing their data in accordance with the applicable law.

2 They determine the protection requirements for data that are generated, displayed, or transmitted within the public authority portal during the processing procedure.

3 If multiple authorities are involved in the business transaction, a lead authority must be designated.

4.4. Data Protection

Data Protection and Data Security

1 The authorities shall ensure, by means of appropriate technical and

organisational measures, that the data on the government portal are protected

against loss, theft, and unauthorised processing.

2 The users of the government portal are responsible for adequately protecting

their own information and communication system, in particular against

a.

data loss;

b.

viruses and other malware;

c.

unauthorised access and impermissible data manipulations.

4.5. Costs

Usage and Access Costs

1 The use of the Authority Portal is free of charge for users.

2 Users shall bear the access costs, such as those for telecommunications and

authentication means.

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4.6. Liability

Disclaimer

1 The Canton and the municipalities shall not be liable for delayed submissions or

other omissions attributable to the lack of functionality of the government

portal or other recognized delivery platforms.

2 In particular, they shall not be liable if

a. the government portal or other recognized delivery platforms

are temporarily unavailable for technical reasons;

b. electronic transmissions via the government portal or via

other recognized delivery platforms are not possible;

c. the government portal or other recognized delivery platforms

do not confirm the receipt of electronic submissions or do not do so in a timely manner.

5. Final Provisions

Transitional Provision concerning Digital Communication

1 From the moment legislation or authorities designate the means to be used for digital communication, authorities and persons obligated to digital communication with authorities (Art. 4 para. 1) may still transmit data and documents physically for two years.

Takeover of Employment Relationships

1 With the takeover of the tasks of Glarus hoch3 AG by the IT service, the

Canton takes over the existing employment relationships of Glarus hoch3 AG.

2 The employment conditions must be transferred to cantonal personnel law

within three years of the takeover at the latest.