Law on the Outsourcing of IT Services

¹ **The Cantonal Council, the Directorates, Offices and Enterprises – Principle**

as well as the Grand Council, the Ombudsman's Office, the supreme cantonal

courts and public law institutions may, within the scope

of their responsibilities, outsource IT services to private or public

law institutions or collaborate with such institutions in the field

of information technology.

² The outsourcing of IT systems and applications of strategic

importance for the cantonal administration requires the

approval of the Cantonal Council.

³ The public body that uses external IT services

remains responsible for the fulfillment of its tasks.

¹ The public body ensures through organizational and technical measures, as well as contractual obligations, that the fulfillment of governmental tasks is guaranteed without significant impairment even if a private company, from which it obtains IT services, fails to comply with agreements or ceases business operations.

² Privately organized companies in which the Canton of Zurich alone or together with other public institutions holds a capital and voting majority are not considered private companies within the meaning of this provision.

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1

172.71

Law on the Outsourcing of IT Services

Official Secrecy

and Data Protection

1 Public bodies may only make special personal data³ within the meaning of the Act on Information and Data Protection2, 3 and data subject to secrecy in the interest of the state accessible to privately organised companies for processing if they are protected by organisational and technical measures against unauthorised access. They must ensure that such data is processed exclusively by employees of the company who are subject to their right of control and instruction in this regard and who are bound as auxiliary persons to official secrecy as well as any professional or special secrets.

2 Furthermore, the provisions of the Act on Information and Data Protection2, 3 concerning the processing of data by order apply.

Foundation and

Participation

Contribution

of State Assets

II. Participation in IT Companies

**1 The Cantonal Council may establish IT companies in public or private law form to meet the IT needs of public bodies, and may acquire stakes in such companies.**

**2 The Cantonal Council shall determine who exercises the rights accruing to the state on the basis of its participation and who represents the state in the management of the company.**

The Cantonal Government is authorized to contribute assets and property serving information technology, as well as participations held by the State, into an information technology company against an equivalent participation or the establishment of a claim, in accordance with recognized valuation principles. Loans are to be interest-bearing at market-customary conditions.

***

1 OS 55, 580.

2 LS 170.4.

3 Version according to the Act on Information and Data Protection of February 12, 2007 (OS 62, 121; ABI 2005, 1283). In force since October 1, 2008 (OS 63, 317).