Why Switzerland is Mandating Open‑Source Software for All Government Projects

While the United States remains hesitant to adopt open‑source software (OSS) in government, several European nations are boldly embracing it, and Switzerland has taken a decisive step.

EMBAG: Switzerland’s Open‑Source Mandate

The Swiss Federal Act on the Use of Electronic Means to Fulfill Government Duties (EMBAG) legally obliges all public‑sector bodies to use and publish OSS, unless third‑party copyright or security concerns apply. This “public funds, public code” approach aims to boost transparency, security, and efficiency.

In 2011 the Swiss Federal Supreme Court released its court application Open Justitia under an open‑source licence, sparking opposition from proprietary legal‑software firms such as Weblaw. After more than a decade of political and legal debate, EMBAG was passed in 2023, requiring government‑developed or commissioned software to be released under an open‑source licence, with limited exceptions.

Beyond software, EMBAG also mandates that non‑personal, non‑sensitive security data be published as Open Government Data (OGD). This dual “default open” policy represents a paradigm shift toward greater openness and real reuse of software and data.

Implementation and Wider Impact

The law is expected to serve as a model for other countries, promoting digital sovereignty, innovation, and collaboration within the public sector. The Federal Statistical Office (BFS) leads the rollout, though organisational and financial details remain to be clarified.

Other European nations have long supported OSS: in 2023 French President Emmanuel Macron declared “we love open source,” the French Gendarmerie runs Linux on its PCs, and the EU’s FOSSA project continuously works to ensure OSS security. Nevertheless, challenges persist, such as concerns over potential cuts to the NGI Zero Commons Fund, a key source of OSS project financing.

In contrast, the United States only encourages OSS. Federal source‑code policy asks agencies to release at least 20 % of new custom code as open source, without mandating OSS use. The General Services Administration (GSA) promotes an “open‑by‑default” approach for its own software.

Switzerland’s legislation places it at the forefront of the global open‑source movement.

Matthias Stürmer, professor and head of the Public‑Sector Transformation Institute at Bern University of Applied Sciences, calls the law “a huge opportunity for government, the IT industry, and society.” He explains that all stakeholders benefit: public agencies reduce vendor lock‑in, companies can expand digital solutions, taxpayers save on IT costs, and increased competition and innovation lead to higher‑quality services.