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EMBAG

EMBAG (the Federal Act on the Use of Electronic Means to Fulfil Government Tasks) has required Swiss federal authorities to publish the source code of custom-developed software since 1 January 2024, provided no exceptions apply (security, third-party rights). It is the first legally mandated open-source-by-default approach in Switzerland.

The law is relevant for all IT service providers who work or wish to work for federal authorities.

What EMBAG Regulates

  • Open Source by Default: Source code of custom-developed software must in principle be made publicly available.
  • Data Use: Federal authorities may make their data available for economic and social purposes.
  • E-Government Standards: EMBAG structures digital government and provides the basis for standards, interfaces, open data, and open source; concrete accessibility and security obligations follow from the applicable provisions and ordinances.
  • Interoperability: Systems must support open interfaces to reduce vendor lock-in.

Exceptions to the Open Source Requirement

Under Art. 9 EMBAG, the law permits exceptions where third-party rights or security-related reasons preclude or restrict disclosure:

  1. Publication would violate third-party rights (licences, IP).
  2. The content would contain security-relevant information (keys, credentials).

Focus: Digital Sovereignty as Law

EMBAG is not merely a compliance obligation but an expression of the political will for digital sovereignty of the state.

Relevance for Service Providers

  • Projects for federal authorities must be planned with open-source compatibility from the outset.
  • Licences for third-party dependencies must be checked for EMBAG compatibility at an early stage.
  • Deployment architectures must allow source code publication without exposing secrets.

Sources

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