Is a specific legal framework required for eGovernment? This is a legitimate question: eGovernment is ultimately the public administration's performance of administrative activities and service provision in electronic format. So is it necessary to allow the public administration to operate electronically? And is that enough, or are there other issues that need to be settled?
Principles and organisation
Experience to date shows that eGovernment is more than, and different from, identical administrative activities being carried out in a new and electronic format. In order to make eGovernment user-friendly, various administrative units at various levels need to be coordinated. Moreover, ambitious eGovernment is a standalone project of the Federal Administration, which requires independent organisation, structure and financing. Finally, the greater possibilities in terms of electronic data management raise new questions, and give rise to a need for additional regulation.
Initial legal consultation
Are you planning an eGovernment project? Do you want to find out beforehand about the legal framework and the legal issues raised by the specifics of the project? Do you lack the necessary know-how or the appropriate resources?
The lawyers of the eJustice.CH Association will provide you with a summary overview of the legal situation and the legal framework concerned or required. This will enable you to take the necessary steps at an early stage in order to create the legal foundation for your project. This service is provided free of charge as part of the federal, cantonal and communal implementation plan for eGovernment projects.
Does your project pose far-reaching, specific legal problems? Upon request, we will explore these with you and, if necessary, bring in specialists. We will assist you in formulating, monitoring and checking any contracts for commissioning legal opinions and will negotiate the path between law and IT.
Expert group of lawyers
The specialist clarification of legal issues relating to eGovernment is a challenge even for experienced lawyers, because there is often no explicit legal framework or appropriate references in literature or case law. Accordingly, there is a great onus on the competent experts to provide correct advice to the project or internal units in question.
The expert group of lawyers from the cantons and communes was founded in 2016. It examines topics relating to eGovernment and generally meets twice a year.
In 2022, the expert group's meetings will be held on April 6 and November 9.