Act on the Authorities Portal (BehöPG) - Subject Matter and Scope (BehöPG)

1. This law regulates the organization, operation, and use of the electronic government portal of the Canton of Solothurn (government portal) and the further principles of cantonal e-government solutions.

2. This law applies to cantonal administrative authorities.

3. This law applies to municipalities, associations of municipalities, other public-law organizations serving municipal collaboration, as well as to private individuals and private organizations that perform public tasks, insofar as they offer services in electronic form via the government portal.

1. Authorities provide administrative services in electronic form (e-Government services). After the launch of the government portal, all administrative services will continue to be available in non-electronic form as well.

2. In the provision of e-Government services and the operation of e-Government solutions, the authorities collaborate.

3. In implementing e-Government solutions, the authorities are guided by the e-Government strategies of the federal government and the canton.

1. The authorities protect the personal and fundamental rights of individuals in accordance with data protection legislation.

2. They take measures

a) to protect the integrity and availability of IT systems;

b) to protect the integrity, availability, confidentiality, and traceability of data stored, processed, and transmitted in IT systems.

3. They provide identification, authentication, and authorization methods appropriate to the protection needs of the data for e-government solutions.

1. The Executive Council determines the components of cantonal e-government solutions.

2. In doing so, it ensures in particular that

a) users are authenticated;

b) only authorized users have access;

c) only authorized government employees have access;

d) communication between users and authorities is ensured;

e) there is an adequate technical security infrastructure, including encrypted communication, in place.

1. Authorities may query or systematically register with the cantonal resident registration platform's data for the purpose of identifying users and clarifying jurisdiction.

2. The query may be made using the insurance number according to Article 50c of the Federal Act on Old-age and Survivors' Insurance (AHVG) of December 20, 1946, provided that the querying authority is authorized to use the insurance number to fulfill its duties.

3. The procedure for obtaining access rights is governed by the Act on the Resident Registration and Voting Register Platform (GESP) of November 5, 2014.

1. Authorities are permitted to access all data from other official registers through a retrieval procedure, which they require to fulfill their duties, provided that the individual concerned has consented to the retrieval of the data.

1. In the government portal, a diverse range of services is available in electronic form.

2. The government portal

a) enables individuals and businesses to conduct transactions with authorities electronically;

b) optimizes communication processes between individuals or businesses and authorities.

1. "Authorities" are all individuals and organizations connected to the authorities portal that perform public tasks. These particularly include

a) the Government Council;

b) the cantonal administration: the State Chancellery, departments, and offices;

c) the cantonal institutions;

d) the municipalities, the purpose associations, and other public-law organizations serving the collaboration of the municipalities;

e) private persons and private law organizations that fulfill public tasks.

2. "Users" are all natural persons who have an e-account.

3. "Personal E-Account" is the e-account of a natural person.

4. "Non-Personal E-Account" is the e-account of a legal entity or private law partnership, the e-account of a public law legal entity, or the e-account of a sole proprietorship.

**1. In addition to the cantonal administrative authorities, the following persons and organizations may offer services in electronic form via the governmental portal:**

a) municipalities, associations of municipalities, and other public-law organizations serving the cooperation of municipalities;

b) private individuals and private-law organizations fulfilling public tasks.

**2. The Government Council determines which services the persons and organizations according to paragraph 1 may offer via the governmental portal.**

**3. The Government Council may obligate the following persons and organizations to offer certain services in electronic form via the governmental portal:**

a) municipal authorities, associations of municipalities, and other public-law organizations serving the cooperation of municipal authorities;

b) private individuals and private-law organizations fulfilling public tasks of municipal authorities.

1. The Government Council determines the components of the authority portal.

2. In doing so, it ensures that

a) an e-account is required to use the authority portal;

b) users are authenticated;

c) only authorized users have access to the authority portal;

d) only authorized authority employees have access to the authority portal;

e) communication between users and authorities is ensured;

f) a sufficient technical security infrastructure, including encrypted communication, is guaranteed.

1. The canton bears the costs for the establishment and operation of the government portal.

2. The use of the government portal is free of charge.

1. The following persons and organizations shall participate in the costs, insofar as they offer services in electronic form through the government portal

a) the municipalities, the municipal associations, and the other public-law organizations serving the cooperation of the municipalities;

b) private individuals and private-law organizations that fulfill public tasks.

2. The canton shall enter into agreements with the persons and organizations mentioned in paragraph 1 concerning the provision of services in electronic form and the cost-sharing.

3. The extent of the cost-sharing shall be determined by the nature and scope of the utilized services.

1. If the persons and organizations mentioned in § 9 paragraph 3 are obliged to offer certain services in electronic form through the governmental portal, they must appropriately contribute to the investment costs, up to a maximum of half.

2. The allocation of costs among the persons and organizations according to § 9 paragraph 3 shall be based on the population numbers of the affected municipalities.

3. The population numbers shall be determined according to the population statistics of the Canton of Solothurn as of December 31 of the year preceding the year in which the government council decided on an obligation according to § 9 paragraph 3.

1. Whoever wishes to use the government portal must have an e-account.

2. The E-Account

a) serves users for the processing of transactions;

b) contains the data entered by the users as well as other information necessary for transaction processing, in particular the user identity (User ID) according to § 17;

c) is managed on the government portal.

3. The documents prepared by the authorities are made available for collection in the e-account.

1. For the opening, the personal e-account must contain the following data

a) identifying information;

b) email address;

c) mobile phone number.

2. Natural persons who possess a recognized electronic identification unit can link their personal e-account with the e-ID registration number.

3. Natural persons can voluntarily record additional data in the personal e-account.

1. Authorized natural persons who possess a personal e-account may also create a non-personal e-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 e-account, natural persons can access services that are directed towards businesses or the public sector.

3. The creation of the non-personal e-account must include the following information

a) identifying data of the legal entity, partnership, or sole proprietorship;

b) email address;

c) proof of authorization to represent.

4. For UID units pursuant to Article 3, paragraph 1, letter c of the Federal Act on the Company Identification Number (UIDG) of June 18, 2010, the Company Identification Number (UID) must also be recorded.

5. Natural persons may voluntarily record additional data of the legal entity, partnership, or sole proprietorship in the non-personal e-account.

1. Upon the opening of the E-account, a unique and immutable user identity (User ID) is automatically assigned.

2. The linkage of the E-account with specialized applications occurs through the User ID.

3. The government council regulates the technical implementation by ordinance. It ensures adequate data security and the protection of personal rights, taking into account the state of the art.

1. Users must authenticate themselves for each transaction.

2. Different levels of trust are prescribed.

3. The government council regulates the details concerning the levels of trust and authentication procedures by ordinance.

1. For purposes of traceability, the accesses of users and authorities to the personal e-account and the non-personal e-account are recorded.

2. The government council shall regulate the details of recording, access to the recorded data, and the duration of storage by means of an ordinance.

1. Users may request the termination of their e-account at any time. Upon termination, the data stored in the e-account will also be deleted.

2. If users have not logged into their e-account for more than two years, the e-account will be terminated. The data stored in the e-account will also be deleted. Users will be informed in advance about the impending account termination and data deletion.

3. In the event of violations of the terms of use, authorities may terminate the e-account and delete the data stored therein. Users will be informed in advance of the account termination and data deletion.

1. The government council regulates the further rights and obligations of the users by ordinance.

1. The Government Council adopts the cantonal e-government strategy. This includes

a) the strategic objectives in the field of e-government;

b) the principles and timelines for the development of e-government infrastructures and the implementation of e-government projects.

2. The Government Council periodically reviews the implementation of e-government projects and adjusts the e-government strategy as necessary to meet current needs.

1. The State Chancellery assumes all tasks related to the government portal that are not assigned to another authority.

2. The State Chancellery is specifically responsible for the following tasks

a) it ensures the administrative operation of the government portal;

b) it advises the departments on matters of access authorization;

c) it provides advice on issues related to connecting to the government portal;

d) it decides on the deactivation of the e-account and the deletion of data stored in the e-account in cases of users' violations of the terms of use.

3. Authorized employees have access to the e-account. The access authorization is divided into a query authorization and an editing authorization.

1. The department ensures the technical operation of the government portal.

2. The department

a) procures the necessary information technology systems for the operation of the government portal;

b) maintains the technical infrastructure;

c) defines the security regulations to be adhered to;

d) regularly checks compliance with security regulations and security measures;

e) takes the necessary technical and organizational measures to protect the data and prevent access by unauthorized third parties within the assigned jurisdiction;

f) defines the framework conditions for access by authorities to the government portal.

1. The departments shall take the necessary technical and organizational measures to protect the data and to prevent access by unauthorized third parties within their assigned area of responsibility.

2. If multiple departments are involved in the transaction processing, the main responsible department must be determined (lead agency).

1. The canton accepts no liability for late submissions or other omissions due to the lack of functionality of the government portal.

2. It is not liable in particular if

a) the government portal is temporarily unavailable for technical reasons;

b) electronic transmissions via the government portal are not possible;

c) the government portal does not confirm the receipt of electronic submissions, or does so not in a timely manner.

3. The restoration of deadlines is governed by § 10bis of the Law on Legal Protection in Administrative Matters (Administrative Justice Act) of November 15, 1970.

1. The Executive Council shall issue the implementing provisions necessary for the execution of this law by means of an ordinance.