Ordinance of the Governing Council concerning Electronic Transmission in Administrative, Civil, Criminal, and Debt Collection and Bankruptcy Proceedings (Transmission Ordinance, VeÜ) (Übermittlungsverordnung, VeÜ) - Administrative and Administrative Jurisdiction Procedures

1. This regulation governs the requirements for electronic communication between authorities and parties involved in proceedings under the Administrative Procedure Act (APA).

2. ...

1. For electronic transmission in the context of civil and criminal proceedings, as well as debt enforcement and bankruptcy proceedings, the Ordinance of the Federal Council on Electronic Transmission in the Context of Civil and Criminal Proceedings, as well as Debt Enforcement and Bankruptcy Proceedings (VeÜ-ZSSV), shall apply.

2. Regarding technical and organizational requirements, § 5 shall be authoritative.

1. Recognized delivery platforms are those platforms acknowledged by the Confederation based on the VeÜ-ZSSV.

2. The Government Council may, upon request from a department, the State Chancellery, or the Administrative Court, allow additional delivery platforms for procedures in accordance with the VRG.

1. A recognized electronic signature is considered to be the qualified signature based on a qualified certificate from a recognized provider of certification services in accordance with the Federal Act on Certification Services in the Field of Electronic Signatures (Federal Act on Electronic Signatures, ZertES).

2. A recognized electronic seal is considered to be the regulated electronic seal in accordance with the ZertES.

1. For electronic identification, the identification procedures of the federal government as well as identification procedures approved by the government council are used.

1. Judicial and administrative authorities that wish to allow electronic transmission shall establish the necessary technical and organizational requirements with the involvement of the Office for Informatics.

2. Once the conditions for electronic transmission are met, the judicial or administrative authority shall apply to the State Chancellery for inclusion in the directory pursuant to § 9.

3. Prior to inclusion, the State Chancellery shall obtain the consent of the High Court, the Administrative Court, the competent department, or the competent municipal authority.

1. For the recognition of cantonal delivery platforms pursuant to § 3 paragraph 2, the IT standards and specifications of the Office of Informatics must be taken into account.

2. The delivery platforms must maintain traceable and tamper-proof audit logs. These audit logs must record, in particular, events relevant to delivery and procedure, namely

1. the provision of legally relevant documents, especially decisions and approvals

2. the initial retrieval and download of such documents by authorized persons

1. Electronic submissions to an authority must be sent to the address on the recognized delivery platform used by said authority.

2. Documents requiring a signature must be provided with a recognized electronic signature.

3. The recognized electronic signature may be waived if identification is carried out in accordance with a procedure pursuant to § 4a.

1. Documents submitted via a recognized platform must generally be transmitted in PDF format. In administrative procedures, attachments to electronic submissions may also be accepted in common file formats such as JPEG, PNG, or Excel.

1. The authority verifies the electronic signature with respect to

1. Integrity of the document

2. Identity of the signing person

3. Validity and quality of the electronic signature, including any legally significant attributes

4. Date and time of the electronic signature, including the quality of this information

2. It attaches the result of the signature verification and a confirmation to the paper printout, stating that the paper printout accurately reflects the content of the electronic submission.

3. The confirmation must be dated, signed, and include details of the signing person.

1. The State Chancellery publishes on the Canton's website a directory that lists the addresses authorized for electronic submissions.

2. It may regulate the inclusion and updating of the entries.

1. Authorities may issue a decision or other communications to the parties via electronic means, provided that they have expressly consented to this method of delivery and are registered on a recognized delivery platform.

2. Individuals who regularly participate as a party in proceedings before a specific authority, or who regularly represent parties in proceedings before a specific authority, may declare to that authority that they consent to electronic delivery in all proceedings.

2bis. Individuals who regularly participate as a party in proceedings that can be conducted via an authority portal, or who regularly represent parties in such proceedings, may declare that they consent to electronic delivery for all proceedings that can be conducted through this authority portal.

3. General consent to the method of delivery can be revoked at any time. However, for ongoing proceedings, consent to the method of delivery cannot be revoked.

4. The general consent and the revocation must be made in writing or via the authority platform used.

1. Service is effected through a recognized service platform.

1. Legally Binding Communications and Officially Effective Authorities' Documents (Decisions, Certificates) and Associated Attachments Must Be Transmitted in PDF/A Format.

2. Legally Binding Communications Must Be Accompanied by a Recognized Electronic Seal or Electronic Signature.

1. The time of service shall be deemed to be the time of downloading from the electronic mailbox established for the respective addressees on the recognized delivery platform.

2. On the seventh day after being made available in the electronic mailbox, the service shall be considered to have been effected.