Act on E-Government (E-GovG) - Purpose (E-GOVG)

1. This Ordinance aims to

a) Establish the joint e-government organization of the canton and political municipalities as well as their financing;

b) Promote seamless and legally binding electronic cooperation between the canton and political municipalities with each other and with the federal government, other public bodies, and third parties;

c) Ensure effective and efficient administrative operations through the use of information and communication technologies;

d) Promote the comprehensive and sustainable availability of e-government services for the benefit of the population and the economy;

e) Ensure the constant availability of up-to-date and legally binding data of public bodies in high quality.

1. E-Government aligns with the principles of efficiency, security, transparency, as well as the benefit for the population and the economy.

1. Public Bodies within the meaning of this decree are bodies, authorities, and departments

a) of the canton;

b) of the independent public-law institutions of the canton;

c) of the municipalities;

d) of the independent public-law municipal enterprises;

e) of municipal associations and special-purpose associations.

2. Private entities are equated with public bodies if they fulfill state tasks.

1. In this Order, the following terms mean

a) Data Collection: a systematically defined set of structured and unstructured data according to professional criteria;

b) Data Exchange Agreement: a public-law contract that regulates the delivery, receipt, storage, and use of data between public bodies;

c) E-Government Service: all offers and services that enable and promote seamless and legally binding electronic collaboration among public bodies and between these bodies and third parties;

d) E-Government Infrastructure: all technical and organizational prerequisites for providing E-Government services.

**1. Public Authorities**

Public authorities ensure, through the conclusion of data exchange agreements according to Article 38 et seq. of this decree, that data delivery, data reception, data storage, and data usage can occur electronically and without media discontinuity.

2. They provide already existing data to other public authorities if those authorities require the data to fulfill a legal duty.

3. The Data Protection Act of 20 January 2009 as well as specific statutory provisions remain reserved.

1. A public body may offer E-Government services to third parties via an E-Government portal. These services particularly include

a) electronic and legally binding transmission of data and inputs to a public body;

b) electronic acquisition of data and services from a public body;

c) electronic management and administration of data.

1. Anyone using an e-government service must first authenticate themselves through a central electronic access point and provide the necessary personal data.

2. The canton provides a technical solution for this purpose.

3. Depending on the protection needs of the requested e-government service, different trust levels apply.

4. The personal data collected during electronic authentication may be disclosed to an e-government portal if necessary for the use of an e-government service.

5. The cooperative body regulates the details of electronic authentication, particularly the procedure, the trust levels, and representation for individuals and organizations, by ordinance.

1. Public authorities shall take appropriate measures to protect the integrity and availability of the e-government services they use, as well as to protect the confidentiality, integrity, availability, and auditability of the data they store, process, and transmit.

2. The measures shall be regularly reviewed to ensure they comply with current technological standards. If there are indications of a threat, the review shall be conducted promptly.

1. The Canton and political municipalities are the entities responsible for E-Government St. Gallen (hereinafter referred to as eGovSG).

2. The eGovSG is a public-law institution of the Canton of St. Gallen with its own legal personality and is based in the city of St. Gallen. The name of the eGovSG is determined in the statute.

1. The eGovSG

a) addresses the common tasks and interests of the Canton and political municipalities in the field of e-government;

b) promotes e-government collaboration between the Canton and political municipalities with the federal government, with other public bodies, and with third parties;

c) encourages effective and economical task fulfillment by the Canton and political municipalities in the e-government field.

2. The eGovSG can provide e-government services for the Canton and political municipalities. It does not participate in competition with private entities.

1. The bodies of the eGovSG are

a) Cooperation Committee;

b) Planning Committee;

c) Secretariat;

d) Audit Office.

1. The Cooperation Committee is elected for a term of office and is composed of

a) two members of the government;

b) two employees of the state administration, elected by the government;

c) four representatives of the municipalities, determined by the political municipalities.

2. The president is a member of the government.

3. Additional persons may be included with an advisory vote.

1. The cooperation committee shall convene at least twice a year upon the invitation of the President.

2. Resolutions require the approval of at least three representatives each from the canton and the municipalities.

3. The representatives of the canton and the municipalities shall ensure an appropriate mandate, especially with regard to significant resolutions.

1. The Cooperation Committee

a) elects the Planning Committee, appoints its chairperson, and determines the remuneration;

b) elects the head of the office;

c) adopts the statute, which particularly regulates

1. the organization and procedure of the eGovSG;

2. the tasks and responsibilities of the office;

d) issues orders, awards contracts, and closes agreements;

e) enacts regulations and directives within the legally assigned responsibilities;

f) approves the annual budget;

g) determines the cost shares of the sponsors;

h) approves the annual financial statements and the annual report. The annual financial statements and the annual report are submitted to the government and an entity designated by the political municipalities for approval.

2. The Cooperation Committee undertakes further tasks assigned to it by law or statute.

1. The cooperation committee is chaired by the president. The secretariat is responsible for taking the minutes.

2. The president, together with a representative of the municipalities who is appointed by the cooperation committee, is authorized to sign.

3. The statute regulates the representation.

1. The Planning Committee is composed of an equal number of representatives from the canton and the municipalities. Experts may be involved in an advisory capacity.

2. It convenes at the invitation of the chairperson at least twice a year.

3. The Planning Committee prepares business for the cooperative body and is responsible for further business, unless another body is designated as responsible.

1. The office ensures the operational management in accordance with the statute and fulfills the tasks assigned to it by the statute and supplementary orders of the cooperation body.

2. The head selects the employees, unless another body is responsible according to the statute.

1. Audit Office is the Cantonal Financial Control. It conducts an annual audit of the financial statements and reports the results to the cooperation body.

1. The Cooperation Committee establishes permanent expert groups on the topics of geospatial data infrastructure and data management. It may establish additional permanent and project-based expert groups.

2. It elects the members and determines tasks and competencies, subject to the jurisdiction order of this decree. The statute governs the organization and procedures of the expert groups.

1. The eGovSG maintains its own budget.

2. The provisions of the State Administration Act of June 16, 1994, and the corresponding implementing regulations are applied accordingly.

3. The budget is prepared in such a way that the contributors can incorporate their contributions into their own budget for the following year at the latest.

1. The eGovSG is subject to the supervision of the commission responsible for overseeing the management of the state administration of the Cantonal Council.

1. The eGovSG is subject to the applicable law at the cantonal level. The Administrative Procedure Act of May 16, 1965, is applied for legal protection and proceedings.

1. The cooperation body issues an e-government strategy.

2. This includes the vision and strategic objectives of the canton and the political municipalities in the field of e-government, as well as the principles for the implementation of these objectives. The purpose according to Art. 1 of this decree serves as the basis for the vision and strategic objectives.

3. The strategy is reviewed and updated at least every four years.

1. Based on the e-Government Strategy, the cooperation committee issues the e-Government Implementation Plan.

2. This plan includes, particularly for the next four years, the planned e-Government services, the essential measures for their implementation, and a financial plan.

3. The implementation plan is reviewed and updated annually.

1. To implement the e-government strategy and the implementation planning, the cooperation body may

a) establish technical, organizational, and procedural standards that are binding for the canton, political municipalities, and school municipalities;

b) designate strategic e-government services that serve as a common standard for all political municipalities and school municipalities;

c) designate strategic e-government services that serve as a common standard for the canton, political municipalities, and school municipalities.

2. The establishment of a standard and the designation of a strategic e-government service shall be justified by the cooperation body and published in the official gazette.

1. The tendering and procurement of strategic e-government services and the necessary e-government infrastructure for them are carried out through the e-government procurement office.

2. The cooperation body

a) transfers the responsibility for providing a strategic e-government service to the secretariat, the canton, or one or more political municipalities;

b) establishes the service mandate.

3. It may provide for a joint implementation of strategic e-government services.

1. The canton and political municipalities may carry out the tendering and procurement of non-strategic e-Government services and the necessary e-Government infrastructure through the e-Government procurement office.

2. The canton and political municipalities may, by means of an operational agreement, transfer the responsibility for providing non-strategic e-Government services to the office. The political municipalities may, by means of an operational agreement, transfer the responsibility for providing non-strategic e-Government services to the canton.

3. The canton shall inform the office of the conclusion of an operational agreement between the political municipalities and the canton.

1. A service agreement or an operational agreement for the provision of e-government services shall particularly include

a) the scope of service delivery;

b) regulations regarding the potential procurement of services from third-party providers;

c) the project and operational organization;

d) responsibilities and accountabilities;

e) the cost distribution.

2. The office maintains a catalog of existing service agreements and operational agreements.

1. The office maintains a catalog of the relevant data collections within the canton and the political municipalities, as well as of the data exchange agreements concluded pursuant to this enactment.

2. Data collections that are already recorded in a register under special legislation may be excluded from the data catalog.

3. The data catalog is adopted by the cooperation body. The cooperation body may, subject to special legislation, designate the office responsible for the collection, updating, and management of each dataset or data collection in the data catalog.

1. On behalf of the Cooperation Committee or the Cantons and municipalities, the Secretariat acts as an e-Government procurement office, conducting tenders and procurements for e-Government services and the necessary infrastructure.

2. Public bodies and other public-law organizations may participate in a tender and procurement with the consent of the Cooperation Committee.

3. The Cooperation Committee determines the cost allocation for conducting tenders and procurements on behalf of the Cantons and municipalities, as well as when other public bodies or public-law organizations participate.

1. The eGovSG may participate in projects for the implementation of the e-Government strategy and execution planning with project contributions.

2. The cooperation committee decides on the release of project contributions. It issues regulations, particularly concerning the prerequisites for project support, the application process, and project controlling. The support may particularly be made dependent on an appropriate own contribution and co-financing by other public bodies or third parties.

1. The canton and political municipalities may assign additional tasks in the field of e-government to eGovSG by resolution of the government or council, and with the consent of the cooperation body.

2. The remuneration for the assigned additional tasks is regulated by a service agreement.

**1. The costs for general administrative expenses, the operation of the office, including the procurement office, and the support of e-government projects are distributed to the municipalities and the canton according to a cost allocation key determined by the cooperation body.**

**2. The cost allocation key is based on the population of the municipalities. The canton pays the same contribution as all the municipalities combined.**

**3. The contributions to be paid by the canton and the municipalities according to the cost allocation key are considered committed expenditures.**

1. Remuneration for the provision of e-government services is regulated in the service contract or operational agreement according to Art. 27 of this ordinance.

2. Remuneration for the provision of strategic e-government services according to Art. 25 of this ordinance is determined by the cost allocation key pursuant to Art. 32, Para. 2 of this ordinance, if the service is of common interest to both the canton and the political municipalities, and is utilized equally. A differing cost distribution as determined by the cooperation committee in the service contract is reserved.

3. The contributions set by the cooperation committee are considered binding expenditures.

1. The authority responsible for the management of data, either under specific legislation or according to the data catalog pursuant to Art. 28 of this decree, exercises data sovereignty.

1. Public Authorities Determine Whether to Make Data Over Which They Exercise Data Sovereignty Available in Machine-Readable and Open Formats for Free Reuse.

1. The Disclosure of Personal Data is Governed by the Data Protection Act of January 20, 2009.

1. The Cooperation Committee designates in the data catalog those data and data collections from the canton and political municipalities that can be

a) exchanged without a data exchange agreement between the canton and political municipalities;

b) automatically linked with other data or registers;

c) made available to public bodies through a retrieval procedure.

2. The Cooperation Committee regulates the data exchange through directives. Its content is appropriately directed by Article 38, Paragraph 2 of this enactment.

3. The canton and political municipalities grant each other free access to their data. The Cooperation Committee designates in the data catalog those data for which the canton and the political municipalities charge fees for access and use by other public bodies and third parties.

1. Public bodies engaging in data exchange shall enter into a data exchange agreement.

2. It shall specifically include provisions regarding

a) the purpose for which the data is intended by the data-receiving public body;

b) the content, currency, and completeness of the data intended for exchange, as well as the form of data exchange;

c) liability consequences for incorrect or outdated data;

d) access authorization of the data-receiving public body or the delivery frequency of data;

e) authorization to modify and delete data by the data-receiving public body. Specific legal provisions remain reserved;

f) permissibility and scope of linkage with data

1. from data collections of the data-receiving public body;

2. from other data collections in which the data-receiving public body participates;

g) delegation to conclude a data exchange agreement;

h) cost implications and cost-bearing.

3. The conclusion of a data exchange agreement shall be communicated to the eGovSG office by the public body that supplies or provides the data.

1. Public Bodies May Forego a Data Exchange Agreement if

a) The data delivery is a one-time occurrence and is necessary for fulfilling a legal task. The public body that delivers or provides the data prescribes data usage and data application to the receiving body;

b) The data exchange can be conducted based on an instruction pursuant to Art. 37 Para. 1 of this decree;

c) The data exchange occurs exclusively between departments that are assigned to the same public body. The authority responsible according to Art. 40 of this decree regulates the data exchange through instruction. The content of the instruction is appropriately aligned with Art. 38 Para. 2 of this decree;

d) The law mandates the data exchange and contains provisions that appropriately correspond to the contractual content as per Art. 38 of this decree.

1. Data Exchange Agreement

The data exchange agreement is concluded depending on the public bodies involved

a) the Presidency of the Cantonal Council;

b) the government, unless a department or another office is authorized to conclude the agreement by regulation;

c) the municipal council;

d) the body responsible according to the law or regulation of the autonomous public law institution or the independent public enterprise of the municipality;

e) the board of directors of the municipal association or the joint authority;

f) the President of the Cantonal Court, when civil and criminal courts are involved;

g) the President of the Social Insurance Court and the President of the Administrative Court, when other administrative judiciary courts are involved.

1. The government shall submit a report on e-government in the Canton of St.Gallen to the Cantonal Council at least every four years.

2. The report on e-government shall particularly outline the significant developments as well as the strategic objectives of the canton in the area of e-government and shall include any proposals for the adaptation of legal foundations.

3. The Cantonal Council shall acknowledge the report.

1. Liability is appropriately governed by the Law on the Liability of Public-Law Corporations and Institutions and the Responsibility of Authorities and Public Employees (Liability Act) of December 7, 1959.

2. Public bodies shall not be liable for material or non-material damages caused by third parties using the electronic information or services offered, unless there is demonstrable intentional or grossly negligent fault on the part of the authorities and employees of the public body.

1. The data exchange procedures existing at the commencement of this enactment between public authorities and their contractual foundations shall be adapted to the new law within five years from the commencement of this enactment.