Ordinance on the Keeping of the Land Register by Means of Information Technology (IT Land Register Ordinance) (IT-Grundbuch-Verordnung) - Establishment and Management

1. For the establishment and management of the land register using information technology (IT Land Register), the federal legal provisions concerning the land register (GBV, TGBV) are authoritative, unless this ordinance provides additional regulations.

1. All personal data pursuant to Article 51 paragraph 1 of the Land Registration Ordinance (GBV), contained in the registration documents, may be stored electronically.

2. Additional personal data may be recorded electronically if they are necessary for the identification and the fulfillment of the duties of the Land Registry Office.

1. In an auxiliary register, persons with rights in rem or real obligations, or those involved in the registration procedure, may also be recorded.

1. The Cantonal Court issues a directive regarding whether co-ownership shares in real estate of spouses or registered partners, as well as in parking spaces and the like, are to be recorded as properties in the computerized land register.

2. The Cantonal Court issues a directive on the representation of cantonal rights in the computerized land register.

1. Land Registry Offices may obtain data from other information systems by means of electronic transmission.

2. Data access is permitted only within the scope provided by the Land Register Ordinance and in compliance with the provisions of data protection legislation.

1. The data of the main register that can be accessed without proof of interest are published on the internet.

2. Registration is required for the use of the public inquiry service.

3. The information system is protected against serial inquiries through query limits.

1. For expanded electronic access to the records of the main ledger, the journal, and the subsidiary registers, the canton operates a property data information system (Gravis). Access to Gravis is carried out via an electronic retrieval procedure.

2. The Head of the Land Registry Section approves access to the data of the computerized land register based on a written and substantiated application. They enter into an agreement with the authorized users regarding the modalities of expanded electronic access.

3. Data access is conducted within the framework provided by the Land Registry Ordinance and the agreement. The specific access rights can be found in the authorization and role concept outlined in Annex 1 of this ordinance.

1. Within the framework provided by the Land Register Ordinance, land register data can be supplied to other information systems.

1. For data protection and data security, the concepts approved by the Cantonal Court, taking into account the Land Register Ordinance, are decisive.

2. Additionally, the provisions of data protection legislation apply if the data in question are personal data that are not intended to identify a person (Art. 90 para. 1 of the Land Register Ordinance), and the data recipient does not demonstrate a legitimate interest according to Article 970 paragraph 2 of the Swiss Civil Code (ZGB).

1. Any intended substantial amendments to the IT Land Registry System must be reported by the Cantonal Court to the Federal Office for Land Registry and Land Law.

1. This regulation shall enter into force following approval by the Federation with its publication.