Germany has introduced two amendments favouring open source in the country's digitalisation legislation. The Online Access Amendment Act (OZG 2.0) primarily updates the law that governs e-services offered to German citizens. The revision includes a new provision in the Online Access Act (Onlinezugangsgesetz, OZG) that requires federal and state public administrators to prioritise open source solutions and open standards when providing IT components.
The second open source-focused amendment in OZG 2.0 modifies the German Federal E-Government Act (EGovG), which oversees the adoption of digital processes and technologies within public administration. This new provision mandates that federal authorities prioritise open source software over proprietary licensed solutions during procurement.
Originally introduced in 2017 as part of Germany's digitalisation efforts, the OZG establishes rules for offering electronic administrative services, such as social security, health and taxes. The law obligated all authorities to make their services digitally accessible by the end of 2022, although this goal has not been fully met.
The 2023 update, which took effect in June 2024, aims to standardise public administration digitalisation across the country. It also seeks to enhance citizen data control when using public services and reinforces the right to digital administration.
European Shift Towards Open Source
Germany's open source software (OSS) policies are primarily driven by the goal of achieving digital sovereignty within public administration. Recent strategies, including the 2022 government cloud strategy and the 2021-2025 coalition agreement, emphasise the preference for OSS to enhance interoperability and reduce dependency on proprietary software. These policies are part of a broader framework of strategic initiatives and guidelines established over the past two decades, all designed to integrate open source solutions into the country's digital infrastructure.
Earlier this year, Switzerland also enacted a new law that requires federal agencies to prioritise OSS. These developments highlight a broader European trend where nations are increasingly recognising the importance of OSS in securing digital independence and fostering innovation in public administration.
Photo by Stephan Widua