Digital revolution in Switzerland: PA opens source code and promotes open source

Switzerland has approved a new law, called "Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks" (EMBAG), which requires every public office to make public the source code of the software used. This code should be disclosed under an open source license where possible. The legislation represents a significant step forward for the European continent towards the adoption of open source software and aims to reduce dependence on American companies. The law is the result of years of discussions and legal disputes that began in 2011, with the dispute between the Swiss Federal Supreme Court and the software house Weblaw regarding the publication of the source code of the Open Justitia application.

Transparency obligation for PA software

One of the main innovations introduced by EMBAG is the obligation for public administrations to transparently release the source code of applications and tools developed internally or commissioned to third parties through procurement. The rule applies to all publicly funded software, with the exception of components that could compromise security. The code must not only be published, but also distributed under an open source license, unless there are security reasons. This means that any software house that wishes to work with public bodies must accept that its work is made available to the community in an open source manner.

Article 9: Support and additional services

Article 9 of the new law is particularly interesting because it allows public bodies to provide support, integration or security services related to released open source software. Such services must be consistent with public tasks and can be offered at a price that covers costs. Public bodies can therefore, through the support offered to non-state entities, find a balance between promoting open source software and maintaining fair competition in the market. This highlights that open source does not necessarily mean free, but can include a sustainable business model.

Comparison of the Italian situation

In Italy, despite already being advanced in this field, there is no formal obligation comparable to the Swiss one. The Public Administration is invited to prefer open source software and must make it available under an open license, but this is only recommended. Italian legislation still allows the development of proprietary software or the purchase of licenses, as long as it is justified. However, similarly to Swiss law, any software developed on behalf of the Public Administration must be made available in an electronic repository accessible under an open license. This measure strengthens transparency and accessibility, bringing Italy closer to the open source standards promoted by EMBAG.