The digital transformation of the public sector is an ongoing phenomenon across countries worldwide, leading to an increased demand for digital technologies by public administrations. Typically, these administrations do not develop the software themselves but rely on private companies. 1 The public procurement of 'public administration software' 2 faces several challenges, such as the failure to protect personal data or ensure cybersecurity. 3 Equally critical, though often overlooked, are challenges related to service quality, information asymmetry, vendor lockin, transparency and accountability. To tackle these challenges, a few jurisdictions have started to adopt legislation to regulate the disclosure of the source code of public administration software. 4 Switzerland is one of these countries: 5 The new law on public sector digitalisation, the Federal Act on the Use of Electronic Means to Carry Out Official Tasks (EMOTA), 6 contains an obligation for Open Source Software (OSS), which is discussed in this report.
Klingler et al. (Wed,) studied this question.
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