Some European countries are betting on open source software for their technology. In the United States, not so much. In the latest news from across the Atlantic, Switzerland has made a big move with ““Federal Law on the Use of Electronic Means to Perform Government Functions” (EMBAG). This groundbreaking law requires the use of open source software (OSS) in the public sector.
The new law requires all public agencies to disclose the source code of software they develop or have developed for them unless third-party rights or security concerns prevent it. This “public money, public code” approach is intended to increase the transparency, security, and efficiency of government operations.
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Making this move was not easy. It started in 2011 when the Swiss Federal Supreme Court has published its court application, Open Justitia, under the OSS license.. Exclusive legal software company Weblaw not happy about this. There was a fierce political and legal battle for more than a decade. Finally, EMBAG was passed in 2023. Now the law not only allows the Swiss government or its contractors to release OSS, but also requires that the code be released under an open source license “unless third-party rights or security-related reasons exclude or restrict this.”
Professor Dr. Matthias Stürmer, Head of the Institute for Public Sector Transformation at Bern University of Applied Sciencesled the fight for this law. He praised it as “a great opportunity for government, IT industry and society.” Stürmer believes that everyone will benefit from this regulation as it reduces supplier dependency for the public sector, allows companies to expand digital business solutions and potentially leads to reduced IT costs and improved services for taxpayers.
In addition to mandating OSS, EMBAG also requires the release of non-personal and non-privacy-sensitive government data as Open Government Data (OGD). This dual “open by default” approach marks a significant paradigm shift toward greater openness and practical reuse of software and data.
The implementation of EMBAG is expected to serve as a model for other countries considering similar measures. Its aim is to promote digital sovereignty and encourage innovation and collaboration in the public sector.
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The Swiss Federal Statistical Office (BFS) is leading the implementation of the law. However, the organizational and financial aspects of OSS releases still need to be clarified.
Other countries in Europe have long supported open source. For example, in 2023, French President Macron Declares, “We Love Open Source” and the French National Gendarmerie (Think FBI if you’re American) use Linux on your computer. The European Union (EU) has long been working to secure OSS through EU Free and Open Source Software Audit (FOSSA) project.
It’s not all wine and roses in the EU. There are some concerns that the European Commission will Cut funding to NGI Zero Commons Fundan important source of funding for OSS projects.
In the US, there is some support for open source, but not as much as our European brethren. Federal Source Code Policy, For example, it requires federal agencies to release at least 20% of new custom code as open source software. However, it does not mandate the use of open source.
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Similarly, the General Services Administration (GSA) has a The OSS policy requires GSA organizations to be accountable and disclose their open source code.This policy promotes an “open first” approach to developing new custom code.
So while this legislative move puts Switzerland at the forefront of the global open source movement, more action is needed in both Europe and the United States.
