Futures

Switzerland’s EMBAG Law Promotes Open Source in Government Software, (from page 20241006.)

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Summary

In 2023, Switzerland passed the Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks (EMBAG), mandating public sector agencies to disclose their software source code. This move aims to enhance transparency and reduce reliance on Big Tech solutions while allowing for some exceptions concerning third-party rights and security issues. Dr. Matthias Stürmer from Bern University highlights that this law fosters a competitive environment, benefiting the IT industry and taxpayers through improved services and reduced costs. EMBAG represents a significant step towards open-source governance, encouraging collaboration between the public sector and private companies.

Signals

name description change 10-year driving-force relevancy
Public Code Disclosure Governments required to disclose source code for software they develop. Shift from closed-source software to mandatory open-source code in public sector. Widespread adoption of open-source software in government, enhancing transparency and collaboration. The push for transparency and accountability in government operations. 4
Vendor Lock-in Reduction Reduction of dependency on specific software vendors in public sector. Transition from reliance on Big Tech to a more competitive software landscape. Increased competition in the IT sector leading to better services and lower costs for taxpayers. Desire for cost efficiency and better service delivery in government IT solutions. 4
Increased Innovation in Public Sector New regulations promote innovation in IT solutions for government agencies. From stagnant IT solutions to a dynamic ecosystem fostering innovation. Emergence of innovative digital solutions tailored for public sector needs. The need for improved efficiency and effectiveness in public service delivery. 5
Public Benefit Services Public agencies can offer maintenance and security services for additional payout. Shift from solely governmental operations to public benefit-focused services. Enhanced collaboration between public agencies and private sector for improved IT services. The growing need for comprehensive IT solutions that prioritize public welfare. 3

Concerns

name description relevancy
Security Risks in Source Code Disclosure Disclosing government-developed source code may expose vulnerabilities that malicious actors could exploit, threatening national security. 4
Vendor Lock-in Challenges While the intent is to reduce vendor lock-in, there is a risk that public agencies may still end up relying on third-party services that could create new forms of dependency. 3
Compliance and Legal Conflicts Legal disputes arising from third-party rights or copyright issues could hinder the implementation and effectiveness of the transparency initiative. 4
Quality of Open Source Solutions With increased competition, there is a concern that not all open-source solutions will meet the quality needed for public services, potentially affecting service delivery. 3
Resistance from Big Tech Companies Big Tech may resist changes that threaten their dominance, which could lead to pushback against open-source initiatives. 4

Behaviors

name description relevancy
Open Source Legislation Governments mandating the disclosure of source code for software developed for public use, promoting transparency and innovation. 5
Public Money Public Code A principle advocating that software developed with public funds should be openly available to enhance competition and reduce vendor lock-in. 5
Enhanced Public Services through Competition Encouraging better public services and reduced costs through increased competition among IT solutions providers. 4
Stakeholder Collaboration in IT Solutions Involving various stakeholders, including public sector, IT industry, and society in the development and maintenance of public software. 4
Government Digital Transformation Advocacy Promoting digital transformation within government agencies through open-source practices and innovative IT solutions. 4

Technologies

name description relevancy
Open Source Government Software A law requiring public sectors to disclose their software source code, promoting transparency and competition. 5
Public Money Public Code A regulatory framework encouraging public agencies to maintain and offer open-source solutions for public benefit. 4
Vendor Lock-In Reduction Strategies implemented by governments to reduce dependency on proprietary software, fostering innovation and cost-effectiveness. 4
Digital Business Solutions for Public Sector Growth in tailored digital solutions for government agencies driven by increased competition and transparency. 4

Issues

name description relevancy
Open Source Government Software Governments moving towards open source software to increase transparency and reduce dependency on Big Tech. 5
Public Money Public Code Initiative The new Swiss law mandates disclosure of government software source code, promoting public accountability and innovation. 5
Vendor Lock-in Reduction Legislation aimed at reducing vendor lock-in for public sector IT solutions, enhancing competition and lowering costs. 4
Public Sector Transformation The shift in public sector IT practices towards openness and collaboration with private sector solutions. 4
Increased Digital Business Opportunities Emerging business models for IT companies due to government demand for open source solutions. 3
Security and Third-party Rights Concerns Challenges related to the disclosure of software source code due to potential security issues and third-party rights. 4
Stakeholder Engagement in IT Regulations The importance of involving various stakeholders in the creation and implementation of IT regulations. 3