Act on Digital Government (DVG) - Subject Matter (DVG)

1. This law regulates

a) the principles of administrative activities through the use of information and communication technologies;

b) the foundations for intra-cantonal and inter-cantonal cooperation as well as cooperation with the federal government in this area;

c) the organization, operation, and use of the cantonal e-government portal in compliance with data protection principles.

1. This law applies to the cantonal administrative authorities.

2. The provisions regarding basic services and the e-government portal apply to the regional and municipal authorities, the courts, the autonomous public institutions, and other entities performing public tasks, insofar as they use them for the digital provision of services.

1. In this Act, the following terms mean

a) User: a natural person who possesses an e-account;

b) E-account: a digital account for utilizing services provided by authorities and communities;

c) Service: an activity or result provided by a competent authority following a procedure initiated by the competent authority, the user;

d) Basic service: a service based on information and communication technologies that forms a common, overarching foundation for other services built upon it;

e) Specialized application: an IT application in which specialized data is processed;

f) Specialized data: business-relevant information in digital form, which is processed in connection with services;

g) Account data: data stored in the e-account.

**1. Authorities Subject to This Law Shall Use Digital Communication Tools as Far as Practical and Possible**

Authorities subject to this law shall use digital communication tools as far as practical and possible for interactions with natural and legal persons, as well as with other authorities.

**2. Provision of Digital Services**

They shall ensure that digital services can be used easily and without barriers. Proportional restrictions are permissible, particularly for reasons of cost-effectiveness, technical feasibility, or data security.

**3. Consideration for Non-Digital Users**

The interests of persons who do not use the digital channel shall be adequately taken into account.

**1. The Canton may enter into agreements with other public bodies and organizations created by public bodies for cooperation in the field of digitalization, in particular to:**

a) ensure interoperability between the participating public bodies and organizations;

b) enable joint procurement and operation of information and communication technology resources.

**2. The Canton may establish or participate in organizations with their own legal personality that are active in the field pursuant to paragraph 1, to fulfill its legal duties.**

**3. It may assign tasks related to joint procurement and operation of information and communication technology resources to the organizations pursuant to paragraph 1 and paragraph 2.**

1. The cantonal administrative authorities make non-personal data, which they collect or create in the performance of their legal duties and which are stored digitally and structured in collections, available for free reuse as open government data, as far as is reasonable and possible.

2. Data that cannot be made publicly accessible in this way include those that are not published or only under more restrictive conditions based on other enactments, particularly due to provisions on data protection, copyrights, statistical confidentiality, tax secrecy, information protection, fees, and official registers.

3. The data are provided free of charge, promptly, in machine-readable form, and in an open format on publicly accessible networks.

4. The government may establish terms of use for the open government data.

5. The cantonal administrative authorities are not obliged to specifically review the data for accuracy, completeness, and plausibility or in any other way for the purpose of publication as open government data.

1. If a cantonal administrative authority outsources the processing of data or the management of IT solutions to third parties, it must ensure through agreements, stipulations, or other suitable measures that

a) the contractor complies with at least the same requirements concerning data protection and data and operational security as the authority itself;

b) the fulfillment of government duties is as little impaired as possible if the contractor does not comply with agreements or ceases operations.

1. The canton provides the basic services and makes them available to third parties in accordance with Article 9, paragraph 2. The basic services are established gradually.

1. Cantonal Administrative Authorities use the basic services to offer services over the Internet.

2. The regional and municipal authorities, the courts, and the autonomous public-law institutions, as well as other entities fulfilling public-law tasks, may use the basic services to offer services in digital form.

3. The government may limit the obligation to use or the right to use.

1. The canton shall bear the costs for the establishment and operation of the basic services.

2. Authorities that use the basic services in accordance with Article 9, paragraph 2, to provide services, are required to contribute to the costs. The amount of the cost contribution depends on the type and scope of the basic services utilized.

1. The e-government portal enables business transactions with the administration over the Internet.

2. For the operation of the e-government portal, it must be ensured that

a) Users are authenticated and authorized according to the requirements of the transactions to be conducted;

b) The technical security infrastructure, including encrypted communication between authorities and users, is ensured;

c) Only authorized users and persons designated by the competent authority have access to the business cases.

1. The use of the e-government portal is free of charge for users.

2. The costs for recognized electronic identification units are borne by the users. The government may provide exceptions.

3. The government may impose a fee for services or expenses that go beyond the ordinary use of the e-government portal, especially for additional access permissions or special technical interventions.

1. The E-Account allows access to services using the same account data. It ensures adequate identification and authentication of users.

2. For authentication, different levels of confidence must be provided, depending on the security requirements of the data processed in connection with the requested service.

3. The government shall regulate the details of the authentication procedures and the levels of confidence.

1. Natural persons may authorize other individuals who have an e-account, through the e-government portal, to act on their behalf and at their expense for obtaining services.

2. The government regulates the proof of authorization to represent.

1. Legal entities may authorize users to access services.

2. They must designate at least one user to represent them in relation to the system (corporate representation). The corporate representative can authorize additional users.

3. The government regulates the registration of the legal entity and the authorization of the corporate representative, as well as other users.

1. The user may request the deactivation of the e-account at any time.

2. The canton may, after prior notification, deactivate the e-account or restrict access to the e-government portal or to individual services available through the e-government portal if

a) there are concrete indications of misuse by the user;

b) the user has not logged into the e-account for at least two years.

3. The user may apply for the reactivation of the e-account or the removal of the restriction with the competent administrative unit.

4. The dissolution of an e-account and the deletion of data contained therein shall be carried out

a) at the request of the user, provided the e-account has not been blocked or restricted pursuant to paragraph 2 subparagraph a; or

b) if an e-account has been deactivated for two years.

1. The E-Account shall contain at least the following data of the user

a) Official name;

b) Email address;

c) Date of birth;

d) Username and password;

e) Mobile phone number;

f) An automatically generated, immutable, and non-speaking identification number (account ID) created at the time of account setup.

2. The competent administrative unit may use the insured number pursuant to Article 50c of the Federal Act on Old-Age and Survivors Insurance, notably in connection with the identification process and the linkage with the specialized applications.

3. When representing legal entities, the company name and, if available, the company identification number (UID number) according to the Federal Act on the Company Identification Number must also be provided.

4. Additional personal data may be provided voluntarily.

1. The processing of specialized data is carried out in the professional application in accordance with the applicable law.

2. The specialized data is temporarily stored in the e-government portal for retrieval by the authority or by the user.

1. The e-account is linked to the use of services through the specialized applications. For this purpose, the account data is reconciled with the data of the specialized application. The linking may require the input of additional data.

2. Users who possess a recognized electronic identification unit can link it with the e-account.

3. Data may be temporarily stored in the e-account for the purpose of linking.

4. The government regulates the technical implementation and the recognition of electronic identification units in compliance with federal legal requirements.

1. In order to attain a higher level of trust, users are required to undergo an official identification procedure.

2. For the purpose of the identification procedure, the competent administrative unit may reconcile the insurance number in accordance with Article 50c of the Federal Act on Old-Age and Survivors' Insurance with the federal registers.

1. Access to the E-account is logged to ensure the operation of the E-account and to provide the user with an overview of the actions taken.

2. The government regulates the details of the logging, the inspection of the recorded data, and the duration of storage.

1. The competent administrative unit ensures the operational management of the e-government portal. In particular, it decides on the refusal or restriction of access to the e-government portal or to individual services, as well as on the deactivation of the e-account.

2. The administrative unit responsible for information technology is responsible for the technical operation, maintenance, and technical development of the e-government portal. It takes the necessary technical and organizational measures to protect the data and to prevent access by unauthorized third parties.

1. Authorities that offer services via the e-government portal are responsible for processing their data in accordance with the applicable law and determine the need for protection based on the requirements of data protection and information security.

2. If multiple authorities are involved in the business transaction, a primary responsible authority must be designated.

1. Users are obligated to

a) use the e-Government portal services in accordance with their intended purpose;

b) enter and update their data truthfully;

c) carefully safeguard their access data for the government portal and take all necessary precautions to prevent third-party access;

d) implement the required technical measures to protect their information systems.

2. The competent administrative authority specifies the rights and duties of users and informs them of these upon the opening of the e-account and whenever there is a change in rights and obligations.

1. The canton and the authorities providing services through the e-government portal shall not be liable for delayed submissions or other omissions attributable to the lack of functionality of the e-government portal or associated transmission systems.

2. The provisions of the Act on Administrative Procedure regarding the adherence to deadlines in electronic submissions remain reserved for compliance with deadlines in proceedings.

1. Appeals against decisions regarding the refusal or restriction of access to the e-government portal or individual services via the e-government portal, as well as the deactivation of the e-account, can be lodged with the competent administrative unit within 30 days.

2. Appeals against objection decisions can be filed in writing with the Higher Court within 30 days from the date of delivery of the decision.

3. The procedure is governed by the Administrative Procedure Act.