Legal framework for digital public administration services

In all aspects of life, there is a need for a legal framework that defines the legal situation at all times and beyond doubt, while at the same time being accessible and visible to everyone. 
 
The vast and constantly evolving digital living space in particular needs an equally clearly defined legal space so that boundaries and regulations can not only be defined but also enforced.
 
A large number of laws, regulations, European acts, implementing acts and notices make up the current legal framework.

Ein Mann tippt auf einem Laptop, davor schweben mehrere Symbole zum Thema Kundenservice, ein Smartphone, ein digitales Netzwerk sowie ein Online-Formular.

The legal framework for digital public administration services (examples)


Laws

A law is a legally binding norm that is passed by the legislative bodies (the National Council and the Federal Council) as part of a parliamentary legislative procedure and is binding for all citizens.

E-Government Act
Federal Act on Regulations to Facilitate Electronic Communication with Public Authorities (contains in particular regulations on: electronic proof of identity (E-ID), source pin, sector-specific personal identifier (bPK), official electronic signature) 

Signature and Trust Services Act
Federal law on electronic signatures and trust services for electronic transactions

General Administrative Procedure Act 1991
Federal law on procedures for electronic application, approval, settlement and execution processes

Federal Act on the Service of Official Documents
Federal law on the delivery of official documents (electronic delivery, display module, directory of participants)

Business Service Portal Act
Federal law on the setting up and operation of a business service portal

Data Protection Act
Federal law on the protection of natural persons in the processing of personal data

Network and Information System Security Act
Federal law on guaranteeing a high level of security in network and information systems

ICT Consolidation Act
Federal law on consolidating IT solutions and IT procedures nationwide

Reuse of Public Sector Information Act
Federal law on the reuse of information held by public bodies

Services Act
Federal law on the provision of services

Web Accessibility Act (WZG)
Federal law on barrier-free access to federal websites and mobile applications

Regulations

A regulation is used to specify and implement laws. It is a general legal rule issued by an administrative authority and has a normative character, which means that it is legally binding on all parties concerned and must be complied with, just like laws. In contrast to laws, which are passed by the legislative bodies (Federal Council and National Council), regulations are issued by federal ministers, for example. Regulations apply only within the scope of the authorisation granted by the law and may not go beyond it.

SourcePIN Register Authority Regulation 2022
Regulation issued by the Federal Chancellor on the SourcePIN Register Authority (contains in particular regulations on: Use of the personal link, calculation of area-specific personal identifiers, registration of an e-ID, deputisation) 

E-Government Sector Delineation Regulation
Regulation issued by the Federal Chancellor delineating the areas of activity of state organisations, for the purpose of identification in e-government communications

Supplementary Registers Regulation 2022
Regulation issued by the Federal Chancellor on supplementary registers (Supplementary Register for Natural Persons, Supplementary Register for Other Data Subjects)

Signature and Trust Services Regulation
Regulation on electronic signatures and trust services for electronic transactions
 
Document Delivery Services Regulation
Regulation on becoming licensed as an electronic delivery service

Document Delivery Form Regulation
Regulation issued by the federal government on the forms used in document delivery processes

European legislative acts

European legal acts are binding rules issued by the institutions of the European Union (EU). They contribute to the harmonisation and integration of the EU by ensuring that certain rules apply uniformly in all Member States. The main types of European acts are regulations, which are binding in all their parts and apply directly in each Member State, and directives, which are binding on each Member State but must be transposed into national law.

eIDAS Regulation
Regulation (EU) No 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards the establishment of the European framework for a digital identity (includes in particular provisions on: electronic signatures, electronic identification schemes, European digital identity wallets, trust service providers).

Regulation on establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012

Data Governance Act
Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 

Artificial Intelligence Act (AI Act)
Regulation on laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act)

General Data Protection Regulation
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC 

Free Flow of Data Regulation
Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union

Web Accessibility Directive
Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies

Service Directive
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market

Public Sector Information Directive
Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information Text with EEA relevance

E-Invoicing Directive
Directive 2014/55/EU on electronic invoicing in public procurement

EU Directive on Network and Information System Security
Directive (EU) 2022/255 on measures to guarantee a high common level of security in network and information systems within the EU

Implementing acts – eIDAS Regulation / eID


Implementing acts – eIDAS Regulation / Trust Services

An implementing act serves to harmonise how Member States transpose and apply EU legal acts.

EU Trust Mark for Qualified Trust Services
Implementing Regulation (EU) 2015/806, Gazette No. L 128 dated 23.5.2015

Trusted Lists
Implementing Decision (EU) 2015/1505, Gazette No. L 235 dated 8.9.2015

Signature Formats
Implementing Decision (EU) 2015/1506, Gazette No. L 235 dated 9.9.2015

Implementing acts – Web Accessibility Directive

An implementing act serves to harmonise how Member States transpose and apply EU legal acts.

Monitoring Methodology and the Arrangements for Reporting
Implementing Decision (EU) 2018/1524, Gazette No. L 256 dated 12.10.2018

Model Accessibility Statement
Implementing Decision (EU) 2018/1523, Gazette No. L 256 dated 12.10.2018

Announcements

Laws and ordinances must be published in the Federal Law Gazette (BGBl) to become binding. They may also provide for certain facts (e.g. the availability of a system) to be announced in the Federal Law Gazette at a later date. 

Announcement on the availability of the display module

Announcement on the availability of the directory of participants