Legal framework for digital public administration services

At every level – nationwide or EU-wide – there has to be a specific legal framework which defines particular legal situations, at all times and beyond doubt, and is available for everyone to access and view.
 
The broad and ever-expanding digital environment requires an equally clearly defined legal environment in which the boundaries and regulations can be both defined and implemented.
 
The existing legal framework consists of laws, regulations, European legislative acts, implementing acts and public announcements.

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 or act is a collection of universally binding legal norms that have been enacted by the state body that is authorised to do so, following a set procedure.

E-Government Act
Federal law on the regulations to simplify electronic communication with public bodies (Citizen Card, sourcePIN, sector-specific personal identifiers, official electronic signatures)

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

Regulations

A Regulation is a legal norm that is issued by an administrative authority – or at the highest level by the federal government or by a federal minister, is general (i.e. applies to a large number of people) and abstract (i.e. it covers many different circumstances). The effect of a Regulation is therefore the same as that of a law ("a law in the material sense"). However, it may only be issued in the context of one particular area of responsibility and only on the basis of legislation.

SourcePIN Register Authority Regulation 2009
Regulation issued by the Federal Chancellor on the SourcePIN Register Authority (how identity links are entered, how sector-specific personal identifiers are worked out)

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 2009
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

For most policy areas in the EU, the normal decision-making process for passing a legislative act (usually a Regulation or a Directive) is the ordinary legislative procedure. A legislative act can only be adopted with the approval of both bodies, the Council and the European Parliament.

eIDAS Regulation
Regulation on electronic identification and trust services for electronic transactions in the internal market (electronic signatures, electronic identification systems)

Regulation on setting up a standardised digital access gateway to information, to procedures and to assistance and problem-solving services
General Data Protection Regulation
Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data

Free Flow of Data Regulation
Regulation on a framework for the free flow of non-personal data in the European Union

Web Accessibility Directive
Directive on the accessibility of the websites and mobile applications of public sector bodies

Service Directive
Directive on services in the internal market

Public Sector Information Directive
Directive on the reuse of information held by public bodies

E-Invoicing Directive
Directive on electronic invoicing in public procurement

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

Implementing acts – eIDAS Regulation / eID

An implementing act is a non-legislative act laying down detailed rules for the uniform implementation of legally binding EU acts.

Cooperation mechanism eID
Implementing Decision (EU) 2015/296, Gazette No. L 53 dated 25.2.2015

Interoperability
Implementing Regulation (EU) 2015/1501, Gazette No. L 235 dated 9.9.2015

Assurance Levels
Implementing Regulation (EU) 2015/1502, Gazette No. L 235 dated 9.9.2015

Notification
Implementing Decision (EU) 2015/1984, Gazette No. L 289 dated 5.11.2015

Implementing acts – eIDAS Regulation / Trust Services

An implementing act is a non-legislative act laying down detailed rules for the uniform implementation of legally binding EU 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 is a non-legislative act laying down detailed rules for the uniform implementation of legally binding EU 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

Federal laws, treaties and regulations have to be announced in the Federal Law Gazette before they become binding. This publication is a prerequisite for a legal regulation to become valid. From a legal point of view, laws and regulations only exist when they have been announced and not when they have only been passed.

Announcement on the availability of the display module

Announcement on the availability of the directory of participants