Switzerland now requires all government software to be open source. The United States remains reluctant to work with open source, but European countries are bolder.
Several European countries are betting on open-source software. In the United States, eh, not so much. In the latest news from across the Atlantic, Switzerland has taken a major step forward with its “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG). This groundbreaking legislation mandates using open-source software (OSS) in the public sector.
This new law requires all public bodies to disclose the source code of software developed by or for them unless third-party rights or security concerns prevent it. This “public money, public code” approach aims to enhance government operations’ transparency, security, and efficiency.
Making this move wasn’t easy. It began in 2011 when the Swiss Federal Supreme Court published its court application, Open Justitia, under an OSS license. The proprietary legal software company Weblaw wasn’t happy about this. There were heated political and legal fights for more than a decade. Finally, the EMBAG was passed in 2023. Now, the law not only allows the release of OSS by the Swiss government or its contractors, but also requires the code to be released under an open-source license “unless the rights of third parties or security-related reasons would exclude or restrict this.”
