1 Foundations and Organization, Public Charges » 14 Authorities and Administration » 140 General Provisions

Purpose

This Act supports efficient and economical administrative activities through the use of electronic information and communication technologies in the network between the Canton, districts, and municipalities. E-government solutions shall be citizen-centric and business-friendly.

Subject Matter

1 This Act governs the division of tasks and burdens, as well as the cooperation,

between the Canton, districts, and municipalities to ensure functional

e-government solutions.

2 It defines in general terms the responsibilities, processes, and

financing for the development and operation of e-government solutions.

3 Insofar as federal law prescribes an e-government solution, it shall be developed,

implemented, and financed according to the principles of this Act, subject

to conflicting federal provisions.

### Terms

In this law

a) **E-Government:** Support for relationships, processes, and political participation between government bodies, and between government bodies and the public, businesses, and institutions, through the provision of information and interaction possibilities by means of electronic information and communication technologies;

b) **E-Government Project:** A temporary undertaking for the establishment of an E-Government solution;

c) **Preliminary Study:** A rough conception regarding the costs, benefits, and feasibility of an E-Government project and its legal, procedural, and personnel implications;

d) **E-Government Solution:** A concrete application within E-Government;

e) **Consultation Procedure:** A procedure for hearings in municipalities and districts and for submitting a statement for the development of an E-Government solution;

f) **Cantonal Network:** A cantonal communication system that enables the secure exchange of data between several independent computer systems by transmitting electronic signals;

g) **User:** Natural and legal persons who utilize E-Government solutions.

## Cooperation

1 The Canton, districts, and municipalities cooperate in the provision and operation

of e-government solutions.

2 For this purpose, they shall establish an e-government commission, which shall

be composed of

a) the head of the competent department;

b) four representatives of the districts and municipalities;

c) four persons from the resident population and the business community.

3 The competent office shall have a seat on the e-government commission in an

advisory capacity. It shall manage the secretariat.

4 The head of the competent department shall chair the e-government

commission.

Data Protection and Information Security

Those involved in e-government

a) protect the personality and fundamental rights of individuals whose data is processed, in accordance with data protection provisions;

b) take measures to protect the integrity and availability of information systems, as well as to protect the confidentiality, integrity, availability, and traceability of data stored, processed, and transmitted in these systems.

**II. Competence**

Cantonal Council

1 Should the implementation of an e-government solution necessitate the amendment of an act, the Cantonal Council shall enact the necessary provisions, subject to an optional referendum.

2 It approves the expenditures for the establishment of e-government solutions.

Government Council

1 The Government Council exercises supreme oversight over the structure and further development of e-government in the Canton of Schwyz.

2 Subject to the competence of the Cantonal Council and the co-determination rights of the districts and municipalities, it decides on the provision of e-government solutions.

3 Upon proposal from important organizations and associations, it elects the representatives of the districts and municipalities, as well as of the economy, for the E-Government Commission.

4 It regulates, in particular

a) the appointment of the E-Government Commission;

b) the further tasks, procedure, status, and remuneration of the E-Government Commission;

c) the conduct of the consultation procedure in the districts and municipalities;

d) IT security;

e) the rights and obligations of users;

f) the fees for the use of e-government solutions.

E-Government Commission

1 The E-Government Commission has, in particular, the following tasks: It

a) assesses proposals for e-government solutions;

b) initiates preliminary studies for e-government solutions;

c) accompanies the consultation process in the districts and municipalities;

d) submits requests for the project planning and implementation of an e-government solution;

e) monitors the implementation and operation of the e-government solutions;

f) reports annually on the status of e-government projects.

2 For the preparation of decision-making bases, it may consult the competent office and third parties.

III. Project Planning, Decision, and Operation

Planning

1 The E-Government Commission is responsible for the development of e-government.

It takes into account the national and cantonal e-government strategy.

2 After completion of the preliminary study, the competent department submits an application for the

implementation of the consultation procedure.

Project Decision

1 The Government Council decides, after carrying out the consultation procedure

in the districts and municipalities, on the development of an e-government

solution.

2 The development of an e-government solution requires the approval of the pre-

study by the majority of the inhabitants represented by the municipalities and districts

or by more than 2/3 of the districts and municipalities.

Implementation

1 The project decision of the Government Council is binding upon the Canton, districts, and municipalities, subject to Section 6.

2 The Canton is responsible for the project planning, procurement, and implementation of the e-government solution. It may delegate this task to third parties and engage external specialists.

Operation

The Canton is responsible for the operation of e-government solutions. It may transfer this task to third parties.

IV. Financing

Cantonal Network

1 The Canton shall bear the investment costs for the cantonal network.

2 The operating costs of the cantonal network shall be borne by the Canton and the municipalities, proportionally to their population, each by half. The districts shall assume 50 percent of the costs attributable to their municipalities.

Project Financing

1 The Canton shall bear half of the costs for the project planning, procurement,

and implementation of an e-government solution.

2 The other half shall be borne by the municipalities according to their resident

population. The districts shall bear 50 percent of the costs attributable to their

municipalities.

Operating Financing

1 The Canton bears half of the costs for the ongoing operation of an e-government solution.

2 The other half is borne by the municipalities according to their resident population. The districts assume 50 percent of the costs attributable to their municipalities.

3 Each public entity bears its own personnel and administrative expenses for ongoing operations.

4 The Government Council designates the operating costs and regulates the billing procedure.

**V. Final Provisions**

Enforcement

The Government Council is entrusted with the enforcement. It issues the necessary enforcement regulations.

Referendum, Publication, Entry into Force

1 This law is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, included in the Collection of Laws.

3 The Government Council shall determine the date of entry into force.4 § 13 para. 2 shall enter into force one year thereafter.

1 GS 22-71 with amendments from December 17, 2013 (GC Decision adapting to new Cantonal Constitution, GS 23-97).

2 Adopted in the popular vote of September 27, 2009, with 22,434 Yes votes against 12,121 No votes (Off. Gaz. 2009 2244).

3 Heading, paragraphs 1 and 2 as amended on December 17, 2013.

4 January 1, 2010 (Off. Gaz. 2009 2546); § 13 para. 2 on January 1, 2011; amendments of December 17, 2013, entered into force on January 1, 2014 (Off. Gaz. 2013 2974).