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RS 172.010.58 Order of 9 December 2011 on Informatics and Telecommunications in the Federal Government (Government Information Technology Ordinance, OIAF)

Original Language Title: RS 172.010.58 Ordonnance du 9 décembre 2011 sur l’informatique et la télécommunication dans l’administration fédérale (Ordonnance sur l’informatique dans l’administration fédérale, OIAF)

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172.010.58

Computer and Telecommunications Ordinance in the Federal Government

(Government Information Technology Ordinance, OIAF)

On 9 December 2011 (State 1 Er January 2016)

The Swiss Federal Council,

Having regard to art. 43 and 47 of the Act of 21 March 1997 on the Organization of Government and Administration (LOGA) 1 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose

This Order sets out the tasks and competencies related to the piloting and management of the use of information and communication technologies (ICTs) within the federal government.

Art. 2 Scope of application

1 This order applies to the administrative units of the federal central government within the meaning of s. 7 of the Order of 25 November 1998 on the Organisation of Government and Administration (OLOGA) 1 .

2 The following authorities and offices may, subject to other organizational provisions contained in federal law, commit themselves by means of an agreement to comply with this order and the directives based on it:

A.
The decentralized units of the federal government within the meaning of s. 7 A OLOGA;
B.
Other federal authorities;
C.
Organisations and persons of public or private law outside the federal government entrusted with the administrative tasks of the Confederation (Art. 2, para. 4, LOGA);
D.
Institutions that are close to the Confederation that pursue a public interest purpose and want to use the services of the internal suppliers referred to in the chapter. 5, section 3.

Art. 3 Definitions

1 A ICT strategy Has the following elements:

A.
A basic strategy, which outlines the principles applicable to ICT, the general orientation and planned development of ICT;
B.
Basic concepts concerning the organisational and technical aspects (architectures), which define the objectives to be achieved;
C.
A management plan, which describes the changes required to achieve the objectives in terms of time and material.

2 The Piloting ICT Understands the design, curse and updating of ICT strategies as framework conditions, as well as the enactment and updating of ICT guidelines that are derived from and subordinate to them.

3 The term ICT management Performance of operational tasks by benefit recipients (needs management, acquisition, projects, management control, portfolio management, management of service level agreements, etc.) in accordance with the directives in Vigor.

4 The Subordinate directives The ICT strategy is:

A.
ICT processes;
B.
ICT architecture;
C.
ICT standards;
D.
The ICT security guidelines;
E.
Control of ICT management.

5 The ICT processes Determine how ICT-related tasks are to be accomplished.

6 THE ICT architecture Determines the components of ICT and their articulation in support of business processes.

7 The ICT standards Derive from the ICT architecture, and through them, in terms of cost-effectiveness, interoperability, flexibility and security, the functions, interfaces and IT products that need to be developed, or Used similarly.

8 The ICT security Includes measures to protect the integrity and availability of ICT systems, as well as the confidentiality, integrity, availability and traceability of data saved, processed and transferred to these systems.

9 The Control of ICT management Includes the collection, processing, verification and interpretation of information used for piloting and managing the use of ICT.

10 A Standard service Is a centrally managed ICT benefit that is frequently used in the federal government and meets the same or similar requirements of benefit recipients.

11 The Information security Includes measures to protect vital infrastructure such as energy supply systems, logistics systems and the health system.

Chapter 2 Principles of piloting and managing ICT

Art. 4 Objectives

ICTs are designed and used to provide optimal support to the business processes of administrative units. In so doing, the principles of opportunity, profitability and security must be respected.

Art. 5 Piloting of ICT use

1 The Federal Council defines the Confederation's ICT strategy.

2 The Federal Department of Finance (DFF) is responsible for the implementation of the Confederation ICT strategy.

3 In their respective fields, the departments and the Federal Chancellery regulate the piloting and management of ICT, within the framework of the directives in force.

Art. 6 Legal basis, data protection and information security

The use of ICTs presupposes:

A.
That sufficient legal bases already exist or will be created;
B.
The protection of data relating to data subjects is guaranteed;
C.
The full security of the information is guaranteed.
Art. 7 Strategies for an Information Society

ICT projects and applications must meet the objectives and guidelines of the Federal Council's Information Society Strategy.

Art. 8 Coordination and documentation

1 When implementing ICT strategies and guidelines, project and application managers ensure organizational and methodological coordination.

2 In particular, they shall ensure that the manner in which the conditions laid down in art are taken into account is recorded in an updated form and for each project or application. 6, as well as the objectives and guidelines provided for in s. 7.

Art. Acquisition of benefits

1 The departments and the Federal Chancellery, or the administrative units, manage the use of ICT in their respective fields.

2 After consultation with the benefit recipients concerned and the relevant internal benefit providers and through market analysis and external comparative analyses, the department or the Federal Chancellery decides:

A.
Whether an ICT benefit must be provided internally or acquired outside the country;
B.
To which internal supplier the ICT delivery will be acquired where appropriate.

3 The Federal Council decides on the market model for standard services.

4 The provisions of the legislation on public procurement are reserved.

Chapter 3 ICT security and special staff in charge of information security

Art. 10 Protection of ICT resources and data

1 The administrative units are responsible for the protection of their ICT systems and applications and the data to be protected (objects to be protected).

2 They regularly review the objects to be placed under protection and take the necessary security measures.

Art. 11 Reports and Communication

1 Any administrative unit, organization or person subject to this order who is aware of events relating to the safety of objects to be placed under protection shall inform:

A.
The Confederation Information Technology Unit (UPIC);
B.
The computer security officer of his or her department or the Federal Chancellery.

2 At the end of the year, the departments and the Federal Chancellery report to the UPIC on the implementation of security measures.

3 On the basis of these reports, the UPIC informs the Federal Council of the state of security in ICT every year.

Art. 12 Special staff in charge of information security

1 The DFF establishes a special staff for the security of information, made up of representatives of the federal, cantonal and economic sectors.

2 The Special Staff assists the supreme governing bodies of politics and the economy in crises triggered by major disruptions affecting the information infrastructure.

3 The delegate to the computerised steering committee of the Confederation took the chair.

4 The Special Staff develops an internal regulation that defines the details of its organisation and work.

Chapter 4 Participation of the Confederation in the Harmonization of Specialized Police Applications

Art. 13

1 The Confederation services that manage specialized police applications work with the cantons to harmonize these applications.

2 The arrangements for such cooperation, in particular the creation of bodies common to the Confederation and the cantons, are laid down in an agreement concluded with the cantons.

3 Pursuant to this order and in accordance with the agreement with the cantons, the relevant departments may conclude implementing conventions for the various projects. In so doing, they shall ensure compliance with the directives of this Order.

4 They shall inform the joint bodies of current and future projects in the field of specialised police applications and ensure that they are in accordance with the decisions taken by the common bodies.

Chapter 5 Organization and Skills

Section 1 Bodies

Art. 14 Federal Council

The Federal Council:

A.
Defines the Confederation's ICT strategy;
B.
Defines standard services and their market models;
C.
Monitors the implementation of the Confederation ICT strategy through management control and lays down measures if necessary;
D.
Decides in which areas ICT guidelines should be enacted or adapted;
E.
Enacts instructions on ICT security;
F.
Decides, within the framework of the budgetary process, the allocation of centrally budgeted resources to ICT projects;
G.
Decides in case of discrepancies between the departments, the Federal Chancellery and the UPIC;
H.
Allows for derogations from its directives.
Art. 15 Conference of Secretaries-General

1 The Conference of Secretaries General (CSG) evaluates ICT issues at the Confederation level from the point of view of operational business management (interest in business processes from the perspective of ICT).

2 In particular, it participates in the preparation of important Federal Council cases relating to ICT.

Art. 16 Federal Department of Finance

1 The DFF is developing the Confederation's ICT strategy.

2 It enacts administrative orders as part of its duties.

Art. 17 Confederation IT Steering Unit

1 One of the tasks of the UPIC is:

A.
Prepare the affairs of the Federal Council on ICT and carry out the resulting mandates and the Federal Council;
B.
To take note of the requirements of the departments and the Federal Chancellery, and to propose to the DFF, for the Federal Council, the corresponding standard services, including the market model and the definition of roles for the acquisition of Benefits. In so doing, it provides evidence of their economic usefulness;
C.
Manage standard IT services. This includes the management of requirements, planning, the responsibility of the requesting service, or-when it comes to recipients of internal benefits-acquisitions, versioning, financing regulation General and quality control of the benefits provided and the management of contracts;
D.
To define the guidelines for ICT at the level of the Confederation as part of the ICT strategy defined by the Federal Council. To this end, it identifies the requirements of the departments and the Federal Chancellery. It is responsible for the financial management of ICT at the level of the Confederation, as well as instruments for the piloting and management of ICT, particularly in the field of ICT management control and ICT portfolio management;
E.
To decide on derogations from the directives it has issued;
F.
To decide on the proposals of the departments, the Federal Chancellery and the administrative units relating to specific regulations concerning the granting of rights and mandates important from the point of view of security, in particular in Relationship to firewalls, access rights, and privileges. In the event of a risk to the federal government, it decides on specific ICT security measures;
G.
To investigate, as an expert and on the terms of office of a department or the Federal Chancellery, on events that are alleged or proven to be relevant to security;
H.
Designate the delegate to the computer security of the Confederation;
I.
To lead the Registration and Analysis Centre for Information Security (MELANI) in cooperation with the Confederation Information Service;
J.
To deliver ICT programmes;
K.
Ensure the operational direction of the Swiss eGovernment;
L.
To lead the "Information Technology Service in Government Procurement" (art. 21 of the O of 22 nov. 2006 on the organisation of the Confederation public contracts 1 ).

2 It collaborates with the cantons, the relevant organisations, the economic circles and foreign partners; it represents the Confederation in the organisations concerned.

3 It establishes bodies as part of its tasks. The departments and the Federal Chancellery designate their representatives, who must meet the requirements and have the necessary expertise.

4 It may delegate minor decisions concerning, inter alia, derogations from its ICT guidelines, requirements for the exploitation of ICT or the conduct of projects and programmes:

A.
Departments and the Federal Chancellery;
B.
To program or project organizations.

1 [ RO 2006 5613 , 2009 6149 ch. III 2, 2010 3175 Annex 3 c. 3, 2011 6093 Annex c. 2. RO 2012 5935 art. 39 al. 1]. See currently the O of 24 Oct. 2012 on the organization of government procurement (RS 172.056.15 ).

Art. 18 Confederation Informatics Council

1 The Confederation Informatics Council (IC) is made up of the Chief Information Officer for ICT (art. 20 A From the O of 17 Feb 2010 on the organization of the Federal Department of Finance 1 ) And a named representative from each department and the Federal Chancellery. The delegate took the chair.

2 A representative of the Federal Administration of Finance (AFF), the Federal Data Protection and Transparency Plan (PPDT), internal benefit providers and Parliamentary Services can participate with a consultative voice. It is possible to appeal to other persons on an advisory basis, if necessary.

3 The CI is the advisory body of the UPIC for ICT cases requiring the agreement of the departments and the Federal Chancellery, in particular for the enactment of directives and the approval of derogations from their application.


Art. 19 Committee on Computer Security

1 The Information Technology Security Committee (C-SI) includes the computer security delegates of the departments and the Federal Chancellery.

2 A representative of the Federal Audit Office (CFO), TDP and Parliamentary Services may participate with a consultative vote. It is possible to appeal to other persons on an advisory basis, if necessary.

3 The C-SI is headed by the Chief Information Officer of the Confederation.

4 It is the UPIC's advisory body on all ICT security issues.

Art. Steering Committee on Support Processes

1 The Support Process Steering Committee (SCOC) is composed of a representative of the UPIC and a representative:

A.
The AFF;
B.
The Federal Office for Construction and Logistics (OFCL);
C.
The Federal Office of Personnel (OFPER);
D.
D' armasuisse (Logistique & real estate DDPS).

2 The representative of UPIC chaired the meeting.

3 A representative of the Federal Office of Information Technology and Telecommunications and a representative of the Command Aid Base (LAC) participate with a consultative voice.

4 It coordinates the decisions between the AFF, the OFPER, the OFCL, the logistics and real estate of the DDPS and the UPIC in support, by ICT, of the support processes used throughout the federal administration for finance, staff, Construction, logistics, purchasing control and real estate management. 1


1 New content according to the c. III 2 of the O of 18 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4873 ).

Section 2 Benefit recipients

Art. Principles

1 Benefit recipients are the units and services referred to in s. 2.

2 Benefit recipients are responsible for compliance with the ICT guidelines and decisions of the Federal Council, DFF, UPIC and the departments or the Federal Chancellery in their respective fields of competence.

Art. Benefit Recipients' Tasks

1 Benefit recipients use ICTs in an economic sense and budget accordingly.

2 They conclude project agreements and benefit agreements with benefit providers and establish a portfolio of their studies, projects and applications (ICT portfolio).

3 They shall ensure, through appropriate management control, that the services of the upper echelons at all times have the information necessary for management and pilotage.

Section 3 Internal Benefit Providers

Art. Principles

1 Each department has an internal benefit provider at most.

2 Internal service providers are responsible for compliance with the ICT guidelines and decisions of the Federal Council, DFF, UPIC and the departments or the Federal Chancellery in their areas of competence Respective.

Art. 24 Tasks of internal benefit providers

1 Internal service providers provide beneficiaries with ICT benefits in accordance with the project agreements and benefit agreements concluded.

2 They shall maintain complete analytical accounting and shall submit to UPIC, on a periodic basis and in a transparent manner, the costs and revenues relating to the standard services.

3 They guarantee the operational supply of the standard services for which they assume the roles defined by the Federal Council in the market model. In this context, they are responsible for the operation, including operational coordination with other required benefit providers.

Section 4 Acquisition of ICT benefits from external suppliers

Art. 25 Procedure

1 The procedure for acquiring ICT benefits from external suppliers is governed by:

A.
The law of 16 December 1994 on public procurement 1 ;
B.
The order of 11 December 1995 on public procurement 2 ;
C.
The Order of 22 November 2006 on the organisation of the public contracts of the Confederation 3 ;
D.
The Order of 5 December 2008 concerning the management of the real estate and logistics of Confederation 4 ;

2 In the case of acquisitions of benefits from an external supplier, the ICT guidelines form an integral part of the tender file.

3 The beneficiary of the benefits checks appropriately the compliance with the directives concerning ICT by the external supplier.


1 RS 172.056.1
2 RS 172.056.11
3 [ RO 2006 5613 , 2009 6149 ch. III 2, 2010 3175 Annex 3 c. 3, 2011 6093 Annex c. 2. RO 2012 5935 art. 39 al. 1]. See currently the O of 24 Oct. 2012 on the organization of government procurement (RS 172.056.15 ).
4 RS 172.010.21

Art. 26 Standard Contracts

For the acquisition of ICT benefits from external suppliers, the contracting authority complies with the existing standard contracts.

Chapter 6 Financial management of ICT and IT audit

Art. 27 ICT Financial Management

1 The budgeting and accounting of ICT resources is carried out in principle in a decentralised manner, in accordance with the provisions of the Finance Act of 7 October 2005 1 .

2 The UPIC manages centrally budgeted resources for the provision of standard services. As a general rule, the operation of the standard services is budgeted in a decentralised manner by the beneficiaries of benefits and is billed to them on the basis of the benefits acquired. Benefit recipients take into account the quantitative and qualitative aspects of standard services in the framework of service level agreements (benefit agreements).

3 The UPIC manages centrally budgeted resources for IT projects which, according to planning, cannot be financed by the administrative units.

4 It manages centrally budgeted resources for unplanned projects.


Art. 28 IT Audit

1 The audit of computer science is guided by the principles of financial supervision within the Confederation.

2 It is carried out by the CDF.

3 The departments and the Federal Chancellery may propose to the CDF certain objects for the audit of information technology.

Chapter 7 Final provisions

Art. Repeal and amendment of the law in force

1 The September 26, 2003 Order on Informatics in the Federal Government 1 Is repealed.

2 The amendment to the existing law is set out in the schedule.


1 [ RO 2003 3687 , 2007 3401 art. 22 al. 2, 2010 635 Annex c. 2, 2011 4491]

Art. Entry into force

This order shall enter into force on 1 Er January 2012.

Annex

(art. 29, para. 2)

Amendment of the law in force

... 1


1 The mod. Can be viewed at RO 2011 6093 .


State 1 Er January 2016