text: 151.1English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Gender Equality(Gender Equality Act, GEA)of 24 March 1995 (Status as of 1 July 2020)The Federal Assembly of the Swiss Confederation,on the basis of Articles 8 paragraph 3, 110 paragraph 1 letter a, 122 and 173 paragraph 2 of the Federal Constitution1,2and having considered the Federal Council Dispatch dated 24 February 19933,decrees:1 SR 1012 Amended by No I of the FA of 14 Dec. 2018, in force since 1 July 2020  (AS 2019 2815; BBl 2017 5507).3 BBl 1993 I 1248Section 1 Purpose  Art. 1 This Act has the aim of furthering true equality between women and men.Section 2 Equality at Work  Art. 2 Principles  This Section applies to employment relationships under the Swiss Code of Obligations4 as well as to all employment relationships under public law in the Confederation, cantons and communes.4 SR 220Art. 3 Prohibition of discrimination  1 Employees must not be discriminated against on the basis of their sex, whether directly or indirectly, including on the basis of their marital status, their family situation or, in the case of female employees, of pregnancy.2 This prohibition applies in particular to hiring, allocation of duties, setting of working conditions, pay, basic and continuing education and training, promotion and dismissal.3 Appropriate measures aimed at achieving true equality are not regarded as discriminatory.Art. 4 Discrimination through sexual harassment  Any harassing behaviour of a sexual nature or other behaviour related to the person’s sex that adversely affects the dignity of women or men in the workplace is discriminatory. Such behaviour includes in particular threats, the promise of advantages, the use of coercion and the exertion of pressure in order to obtain favours of a sexual nature.Art. 5 Employees’ rights  1 Anyone who is the victim of discrimination within the meaning of Articles 3 and 4 may apply to the court or to the administrative authority for an order:a.prohibiting or stopping threatened discrimination;b.requiring existing discrimination to cease;c.confirming that discrimination is taking place if it is continuing to have a disruptive effect;d.for the payment of any salary due.2 If the discrimination relates to the refusal of employment or to dismissal under the Code of Obligations, the person concerned is entitled only to a compensatory payment. This payment must be fixed by taking all the circumstances into account and is calculated on the basis of the probable or actual salary.3 In the case of discrimination through sexual harassment, the court or the administrative authority may also award the person concerned compensation, unless the employer proves that it took measures that have been proven in practice to be necessary and adequate to prevent sexual harassment and which it could reasonably have been expected to take. The compensation must be fixed by taking all the circumstances into account and is calculated on the basis of the average Swiss salary.4 The compensation in the case of discrimination through the refusal of employment in terms of Paragraph 2 must not exceed an amount equivalent to three months’ salary. The total amount of compensation must not exceed this sum even if two or more persons claim compensation for the discriminatory refusal of the same position. The compensation in the case of discrimination through dismissal under the Code of Obligations in terms of Paragraph 2 and in the case of discrimination through sexual harassment in terms of Paragraph 3 must not exceed an amount equivalent to six months’ salary.5 Claims for damages for financial loss and pain and suffering as well as further contractual claims are reserved.Art. 6 Reduced burden of proof   In relation to the allocation of duties, setting of working conditions, pay, basic and continuing education and training, promotion and dismissal, discrimination is presumed if the person concerned can substantiate the same by prima facie evidence.Art. 7 Actions and appeals by organisations  1 Organisations that have been in existence for at least two years and that have as their object in terms of their articles of incorporation the promotion of gender equality or safeguarding the interests of employees may in their own names have a finding of discrimination declared if the probable outcome of proceedings will have an effect on a considerable number of jobs. They must allow the employer concerned the opportunity to state his position before they institute conciliation proceedings or bring an action.2 The provisions on actions and appeals by individuals also apply by analogy.Section 3 Special Provisions for Employment Relationships governed by the Code of Obligations5 5 SR 220Art. 8 Procedure in the case of discriminatory refusal of employment  1 Persons whose application for employment has been refused and who claim discrimination may request a written statement of reasons from the employer.2 The right to compensation in accordance with Article 5 paragraph 2 is forfeited unless an action is brought within three months of the employer giving notice of refusal of employment.Art. 9 Procedure in the case of discriminatory dismissal  If an employee is discriminated against in the case of dismissal, Article 336b of the Code of Obligations6 applies.6 SR 220Art. 10 Protection against dismissal  1 The termination of employment by an employer may be challenged if it takes place without good cause following a complaint of discrimination by the employee to a superior or the initiation of proceedings before a conciliation board or a court by the employee.2 Protection against dismissal applies for the duration of any complaints procedure at the place of work, and of any conciliation or court proceedings, and for six months thereafter.3 The dismissal must be challenged in court before the expiry of the period of notice of termination. The court may order the temporary reinstatement of the employee for the duration of the proceedings if it appears likely that the requirements for overturning the dismissal are well founded.4 The employee may opt not to continue in employment for the duration of the proceedings and may instead claim compensation in accordance with Article 336a of the Code of Obligations7.5 This Article applies by analogy to dismissals that result from a complaint filed by an organisation in terms of Article 7.7 SR 220Art. 11 and 128 8 Repealed by Annex 1 No II 1 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).Section 4 Legal Protection in the case of Public Employment Relationships Art. 13 1 Legal protection in the case of employment relationships under public law is governed by the general provisions on the administration of federal justice. In the case of complaints made by federal staff, Article 58 of the Federal Act of 30 June 19279 on Public Officials also applies.2 If a person is discriminated against in the rejection of an application that would establish an employment relationship for the first time, then Article 5 paragraph 2 applies. Compensation may be requested at the same time that a complaint about the decision rejecting the application is made.3 Federal employees may have recourse to a conciliation board within the period provided in terms of Article 50 of the Federal Act of 20 December 196810 on Administrative Procedure. This Board advises the parties and attempts to bring about a settlement.114 ...125 The proceedings are free of charge, other than in cases of vexatious litigation. In proceedings before the Federal Supreme Court, costs are governed by the Federal Supreme Court Act of 17 June 200513.149 [BS 1 489; AS 1958 1413 Art. 27 let. c, 1997 2465 annex 4, 2000 411 No II 1853, 2001 894 Art. 39 lett. 1 2197 Art. 2 3292 Art. 2. AS 2008 3437 No I 1]. See now Art. 35 and 36 of the Federal Personnel Act of 24 March 2000 (SR 172.220.1).10 SR 172.02111 Amended by No I of the Federal Act of 8 Oct. 2004, in force since 1 March 2005  (AS 2005 1023; BBl 2003 7809).12 Repealed by Annex No 1 of the Federal Supreme Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 1205; FF 2001 4202).13 SR 173.11014 Sentence inserted by Annex No 1 of the Federal Supreme Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 1205; FF 2001 4202).Section 4a15 Equal Pay Analysis and Audit 15 Inserted by No I of the FA of 14 Dec. 2018, in force from 1 July 2020 to 30 June 2032 (AS 2019 2815; BBl 2017 5507). Art. 13a Obligation to conduct an equal pay analysis  1 Employers who employ 100 or more employees at the start of any year shall conduct an internal equal pay analysis for that year. Apprentices are not regarded as employees for this purpose.2 The equal pay analysis shall be repeated every four years. If the number of employees falls below 100 during this period, the equal pay analysis shall be repeated when the number reaches 100 again.3 If the equal pay analysis indicates that equal pay requirements are being met, the employer concerned shall be exempted from the obligation to conduct an analysis.Art. 13b Exception to the obligation to conduct an equal pay analysis  The obligation to conduct an equal pay analysis does not apply to employers:a.that are subject to verification of equal pay compliance as part of a procedure for the award of a public contract;b.that are subject to such verification in terms of an application for subsidies; orc.that have already been subject to such verification and have proven that they meet the requirements, unless more than four years has elapsed since the reference month.Art. 13c Method of equal pay analysis  1 The equal pay analysis shall be conducted according to a scientific method and in accordance with the law.2 The Confederation shall provide all employers with a standard analysis tool free of charge.Art. 13d Audit of the equal pay analysis  1 Employers subject to the Swiss Code of Obligations16 shall have their equal pay analysis audited by an independent body. They may choose between:a.a firm of auditors licensed under the Auditor Oversight Act of 16 December 200517; orb.an organisation under Article 7 or an employees’ representation in accordance with the Participation Act of 17 December 199318.2 The Federal Council shall lay down the criteria for training the lead auditors.3 The Federal Council shall regulate the conduct of the audit of the equal pay analysis at federal level.4 The cantons shall regulate the conduct of the audit of equal pay analyses in their fields of responsibility.16 SR 22017 SR 221.30218 SR 822.14Art. 13e Audit by a licensed firm of auditors  1 The employer shall provide the firm of auditors all documents and provide all the information required to carry out the audit.2 The firm of auditors shall verify whether the equal pay analysis has been conducted in a formally correct manner.3 It shall draw up a report for submission to the management of the company audited on the conduct of the analysis within a year the conduct of the equal pay analysis.Art. 13f Audit by an organisation or an employees’ representation   The employer shall enter into an agreement with the organisation under Article 7 or the employees’ representation on the procedure for the audit and reporting to the management of the company.Art. 13g Information for the employees  Employers shall inform the employees in writing of the result of the equal pay analysis within one year of the conclusion of the audit. Art. 13h Information for the shareholders   Companies whose shares are listed on a stock market shall publish the result of the equal pay analysis in the annex to their annual accounts (Art. 959c para. 1 no 4 of the Code of Obligations19).19 SR 220Art. 13i Publication of results in the public sector  Public sector employers shall publish the individual results of the equal pay analysis and the audit.Section 5 Financial Aid  Art. 14 Promotion programmes  1 The federal government may grant financial aid to public or private institutions that conduct programmes for the promotion of gender equality in the workplace. It may conduct its own programmes.2 The programmes may serve:a.to encourage basic and continuing education training in or outside the workplace;b.to improve the representation of both sexes in the various professions, positions, and management levels;c.to improve the compatibility of work and family duties;d.to promote work organisations and infrastructures in the workplace that encourage equality.3 Priority for the granting of aid will be given to programmes that are exemplary or innovative in character.Art. 15 Advice centres  The federal government may grant financial aid to private institutions for:a.the provision of advice and information to working women;b.the encouragement of the reintegration of women and men who have interrupted their working activities in order to fulfil family duties.Section 6 Federal Office for Gender Equality  Art. 16 1 The Federal Office for Gender Equality promotes the equality of women and men in all areas of life and is committed to eliminating any form of direct or indirect discrimination.2 For this purpose, it carries out the following tasks:a.it provides the general public with information;b.it advises authorities and private individuals;c.it conducts studies and recommends suitable measures to authorities and private individuals;d.it may participate in projects of national importance;e.it participates in the drafting of federal legislation in the event that such legislation is relevant to gender equality;f.it examines applications for financial aid in accordance with Articles 14 and 15 and supervises the implementation of promotional programmes.Section 7 Final Provisions  Art. 17 Transitional provision  Claims in terms of Article 5 paragraph 1 letter d are assessed under the new law provided the civil law action has been raised subsequent to the Act coming into force or the competent authority of first instance has not issued a ruling up to that point in time.Art. 17a20 Transitional provision to the Amendment of 14 December 2018  1 The Federal Council shall specify the date by which employers under Article 13a must have carried out the first equal pay analysis.2 It may specify different dates for different sizes of company.20 Inserted by No I of the FA of 14 Dec. 2018 in force from 1 July 2020 to 30 June 2032 (AS 2019 2815; BBl 2017 5507).Art. 17b21 Evaluation of effectiveness  1 The Federal Council shall arrange for an evaluation of the effectiveness of Articles 13a–13i to be carried out.2 It shall report to Parliament after the second equal pay analysis is carried out, but nine years at the latest after the articles mentioned in paragraph 1 come into force.21 Inserted by No I of the FA of 14 Dec. 2018, in force from 1 July 2020 to 30 June 2032 (AS 2019 2815; BBl 2017 5507).Art. 18 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council determines the date on which this Act comes into force.Commencement Date: 1 July 19962222 FCD of 25 Oct. 1995.Annex Amendment of Federal Acts ...2323 The amendments may be consulted under AS 1996 1498.


type: legislation

jurisdiction: Switzerland

text: 151.3English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton the Elimination of Discriminationagainst People with Disabilities(Disability Discrimination Act, DDA)of 13 December 2002 (Status as of 1 July 2020)The Federal Assembly of the Swiss Confederation,on the basis of Articles 8 paragraph 4, 87, 92 paragraph 1 and 112 paragraph 6 of the Federal Constitution1,and having considered the Dispatch of the Federal Council dated 11 December 20002,decrees:1 SR 1012 BBl 2001 1715Section 1 General Provisions  Art. 1 Purpose  1 The Act has the purpose of preventing, reducing or eliminating discrimination against people with disabilities.2 It lays down general conditions that make it easier for people with disabilities to participate in society and in particular to cultivate social contacts independently, and to have access to basic and advanced education and training and to employment.33 Amended by Annex No 3 of the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 (AS 2016 689; BBl 2013 3729).Art. 2 Definitions  1 In this Act, a person with a disability is a person who, due to a physical, mental or psychological impairment which is likely to be permanent, finds it difficult or is unable to carry out everyday tasks, cultivate social contacts, move around, obtain an education or training, or work.42 Discrimination occurs when persons with disabilities are treated in legal or practical terms differently from persons without disabilities and thus without material justification are disadvantaged when compared to persons without disabilities, or when they are not treated differently but different treatment is necessary to ensure that persons with disabilities have the same rights as persons without disabilities.3 Discrimination relating to access to a building, a structure, a dwelling or a public transport facility or vehicle occurs when access for persons with disabilities is not possible for structural reasons or is only possible with difficulty.4 Discrimination in obtaining a service occurs when it is impossible or only possible with difficulty for persons with disabilities to obtain a service.5 Discrimination in access to general and advanced education and training occurs in particular when:a.it is difficult for persons with disabilities to use aids or obtain the necessary assistance from other persons;b.the duration and organisation of the course and examinations are not adapted to the specific needs of persons with disabilities.4 Amended by Annex No 3 of the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 (AS 2016 689; BBl 2013 3729).Art. 3 Scope of application  This Act applies to:a.publicly accessible buildings and structures where authorisation for the construction or renovation of their publicly accessible areas is granted following the commencement of this Act;b.publicly accessible public transport facilities (buildings, structures, communications systems, ticket offices and machines) and vehicles that are subject to any of the following Acts:1.the Railways Act of 20 December 19575,2.6...3.7the Passenger Transport Act of 20 March 20098,4.9the Trolleybus Act of 29 March 195010,5.11the Federal Act of 3 October 197512 on Inland Navigation,6.the Civil Aviation Act of 21 December 194813, or7.14the Cableways Act of 23 June 200615, with the exception of ski lifts and aerial cableways with fewer than nine places in each transport unit;c.residential buildings with more than eight residential units where authorisation for their construction or renovation is granted following the commencement of this Act;d.buildings with more than 50 workplaces where authorisation for their construction or renovation is granted following the commencement of this Act;e.16services that are in principle made available to any person by undertakings that require an infrastructure licence under Article 5 of the Railways Act of 20 December 1957 or a passenger transport licence under Article 6 of the Passenger Transport Act of 20 March 2009, other licensed undertakings or state authorities;f.basic and advanced education and training;g.employment contracts under the Federal Personnel Act of 24 March 200017.5 SR 742.1016 Repealed by No I 1 of the FA of 28 Sept. 2018 on the Organisation of Railway Infrastructure, with effect from 1 July 2020 (AS 2020 1889; BBl 2016 8661).7 Amended by No I 1 of the FA of 28 Sept. 2018 on the Organisation of Railway Infrastructure, in force since 1 July 2020 (AS 2020 1889; BBl 2016 8661).8 SR 745.19 Amended by No I 1 of the FA of 28 Sept. 2018 on the Organisation of Railway Infrastructure, in force since 1 July 2020 (AS 2020 1889; BBl 2016 8661).10 SR 744.2111 Amended by No I 1 of the FA of 28 Sept. 2018 on the Organisation of Railway Infrastructure, in force since 1 July 2020 (AS 2020 1889; BBl 2016 8661).12 SR 747.20113 SR 748.014 Inserted by No I 1 of the FA of 28 Sept. 2018 on the Organisation of Railway Infrastructure, in force since 1 July 2020 (AS 2020 1889; BBl 2016 8661).15 SR 743.0116 Amended by No I 1 of the FA of 28 Sept. 2018 on the Organisation of Railway  Infrastructure, in force since 1 July 2020 (AS 2020 1889; BBl 2016 8661).17 SR 172.220.1Art. 4 Relationship with cantonal law  This Act shall not override cantonal provisions that are more favourable to persons with disabilities.Art. 5 Federal and cantonal measures  1 The Confederation and the cantons shall take measures to prevent, reduce or eliminate discrimination; in doing so, they shall take account of the special needs of women with disabilities.2 Appropriate measures to alleviate discrimination against persons with disabilities do not constitute unequal treatment under Article 8 paragraph 1 of the Federal Constitution.Art. 6 Services provided by private entities  Private entities that offer public services may not discriminate against persons with disabilities due to their disabilities.Section 2 Legal Rights and Procedures  Art. 7 Legal rights relating to buildings, facilities or vehicles  1 Any person suffering discrimination as defined in Article 2 paragraph 3 may when a building or structure as defined in Article 3 letters a, c and d is constructed or renovated: a.during the building authorisation procedure, request the competent authority that the discrimination cease;b.by way of exception, claim in civil proceedings a legal right to the elimination of discrimination on conclusion of the building authorisation procedure, where the failure to take the measures required by law was not recognisable during the building authorisation procedure.2 Any person who suffers discrimination as defined in Article 2 paragraph 3 in relation to a public transport facility or vehicle as defined in Article 3 letter b may request the competent authority to order the licensed undertaking to eliminate or cease the discrimination.1818 Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911).Art. 8 Legal rights in the case of services  1 Any person who suffers discrimination as defined in Article 2 paragraph 4 by a licensed undertaking or a state authority may request a court or an administrative authority to order the provider of the service to eliminate or cease the discrimination.192 Any person suffers discrimination as defined in Article 2 paragraph 5 by a state authority may request a court or an administrative authority to order the state authority to eliminate or cease the discrimination.3 Any person who suffers discrimination as defined in Article 6 may claim compensation in a court.19 Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911).Art. 9 Right of organisations for persons with disabilities to appeal and take legal action  1 Organisations for persons with disabilities operating throughout Switzerland that have been established for at least ten years may take legal action in cases of discrimination that affect a substantial number of persons with disabilities.2 The Federal Council shall designate the organisations entitled to appeal.3 These organisations have a right of appeal:a.in civil proceedings to declare that there is discrimination as defined in Article 6;b.in proceedings to grant authorisation for the construction or the renovation of buildings and structures in order to enforce the legal rights defined in Article 7;c.in proceedings by the federal authorities for planning approval and for the registration or testing of vehicles under:1.Article 13 paragraph 1 of the Road Traffic Act of 19 December 195820,2.Article 18 and 18w of the Railways Act of 20 December 195721,3.Article 11 and 13 of the Federal Act of 29 March 195022 on Trolleybus Companies,4.23Articles 8 14 and 15b paragraph 2 of the Federal Act of 3 October 197524 on Inland Navigation,5.Article 37 of the Air Navigation Act of 21 December 194825,6.26Article 9 of the Cableways Act of 23 June 200627;d.against rulings by the federal authorities on the granting of licences under:1.Articles 28 and 30 of the Air Navigation Act of 21 December 1948,2.Article 14 of the Telecommunications Act of 30 April 199728,3.Article 10 of the Federal Act of 21 June 199129 on Radio and Television.4 The authority shall give notice of rulings under paragraph 3 letters c and d that may be subject to an appeal by organisations for persons with disabilities to the organisations in writing or by publication in the Official Federal Gazette or in the cantonal publication organ. An organisation that does not file an appeal may only participate in subsequent proceedings as a party if the ruling is amended such that persons with disabilities are discriminated against.5 If objection proceedings are conducted before a ruling is issued, notice must be given of the application in accordance with paragraph 4. An organisation has a right of appeal only if it was a party to the objection proceedings.20 SR 741.0121 SR 742.10122 SR 744.2123 Amended by No II 1 of the FA of 17 March 2017, in force since 1 Jan. 2020  (AS 2019 1749; BBl 2016 6435).24 SR 747.20125 SR 748.026 Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911).27 SR 743.0128 SR 784.1029 [AS 1992 601, 1993 3354, 1997 2187 Annex No 4, 2000 1891 No VIII 2, 2001 2790 Annex No 2, 2002 1904 Art. 36 No 2, 2004 297 No I 3 1633 No I 9 4929 Art. 21 No 3, 2006 1039 Art. 2. AS 2007 737 Annex No I]. See now the FA of 24 March 2006  (SR 784.40).Art. 10 Costs of the proceedings  1 Proceedings under Articles 7 and 8 are free of charge.2 A party that acts in bad faith or that fails to take the proceedings seriously may be required to pay procedural costs.3 In proceedings before the Federal Supreme Court, the court costs are governed by the Federal Supreme Court Act of 17 June 200530.3130 SR 173.11031 Amended by Annex No 5 of the Administrative Court Act of 17 June 2005, in force  since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).Section 3 Proportionality  Art. 11 General principles  1 The court or the administrative authority is not required to order the elimination of discrimination if the expected benefit for persons with disabilities is disproportionate in particular to:a.the financial cost;b.the interests of environmental protection and the protection of nature and cultural heritage;c.transport and operational safety concerns.2 In determining compensation under Article 8 paragraph 3, the court shall take account of the circumstances, the seriousness of the discrimination and the value of the service. Compensation shall amount to a maximum of 5000 francs.Art. 12 Special cases  1 When weighing-up interests under Article 11 paragraph 1, the court or the administrative authority is not required to order the elimination of discrimination relating to access to buildings, structures and dwellings under Article 3 letters a, c and d if the cost of the modifications exceeds five per cent of the insurance value of the building or new value of the structure or 20 per cent of the renovation costs.2 When weighing-up interests under Article 11 paragraph 1, the court or the administrative authority shall take account of the time required to make adaptations in public transport (Art. 22); account must also be taken of the federal implementation concept for the payment of financial assistance (Art. 23 para. 3) and the operations and investment plans of the public transport company based thereon.3 The court or the administrative authority shall require the licensed undertaking or state authority to offer an appropriate alternative solution if it decides under Article 11 paragraph 1 not to order the elimination of discrimination.3232 Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911).Section 4 Special Provisions for the Confederation  Art. 13 Measures relating to employees  1 The Confederation as an employer shall make every effort to offer persons with disabilities the same opportunities as those without disabilities. In all employment relationships and at all levels, but in particular in the case of employment vacancies, the Confederation shall take the measures required to implement the Act.2 Paragraph 1 applies to employers under Article 3 of the Federal Personnel Act of 24 March 200033.33 SR 172.220.1Art. 14 Measures for persons with speech, hearing or visual disabilities  1 In its dealings with the public, the authorities shall take account of the special concerns of persons with speech, hearing or visual disabilities.2 Where they offer their services online, such services must be accessible to persons with visual disabilities without difficulty. The Federal Council shall issue the required technical regulations. It may declare technical standards to be binding for private organisations.3 In addition to the benefits under Invalidity Insurance, the Confederation may:a.support cantonal measures to promote the academic and professional education and training of persons with speech or hearing disabilities in sign and spoken language and to promote the language skills of persons with visual disabilities;b.support non-profit organisations and institutions of national importance that address the problems of language and understanding faced by persons with speech, hearing or visual disabilities.4 The Confederation may promote measures to make television programmes accessible to persons with hearing or visual disabilities.Art. 15 Regulations on technical standards  1 To ensure the provision of a public transport system suitable for persons with disabilities, the Federal Council shall issue regulations for licensed undertakings that require a licence under federal law on the design:34a.of railway stations, public transport stops and airports;b.of communications systems and ticket-issuing systems;c.of vehicles.2 The Federal Council shall issue regulations on measures benefiting persons with disabilities for buildings and structures that the Confederation constructs or partly finances.3 The regulations under paragraphs 1 and 2 shall be regularly adapted to the state of the art. The Federal Council may declare technical standards or other stipulations to be binding on private organisations.4 The Federal Council shall consult interested groups before issuing the regulations under paragraphs 1 and 2.5 Different regulations may be issued for existing and new buildings, structures, communications and ticket issuing systems, and vehicles.34 Amended by No I 1 of the FA of 16 March 2012 on the Second Stage of Railways Reform 2, in force since 1 July 2013 (AS 2012 5619, 2013 1603; BBl 2011 911).Art. 16 Programmes for the integration of persons with disabilities  1 The Confederation may conduct programmes to promote the integration of persons with disabilities into society.2 The programmes may relate to the following matters in particular:a.education;b.employment;c.housing;d.personal transport;e.culture;f.sport.3 The Confederation may participate in such programmes where they are offered by national organisations or organisations in specific language regions, in particular by providing financial assistance.Art. 17 Pilot projects on integration into working life  The Federal Council may conduct or support fixed-term pilot projects in order to test incentive systems for the employment of persons with disabilities. It may to this end provide investment contributions for the creation or equipping of workplaces suitable for persons with disabilities.Art. 18 Information, advice and monitoring effectiveness  1 The Confederation may conduct information campaigns in order to increase public awareness of the problems regarding equality and integration of persons with disabilities and to indicate to the groups concerned what action can be taken.2 It may advise and make recommendations to private individuals and authorities. 3 It shall regularly monitor the effect that its measures are having on integration. It may also investigate the effects of measures taken by other state authorities or private individuals.Art. 19 Bureau for the Equality of Persons with Disabilities  The Federal Council shall establish a Bureau for the Equality of Persons with Disabilities. This shall in particular promote:a.information on the statutory principles and guidelines on preventing, reducing or eliminating discrimination against people with disabilities;b.programmes and campaigns under Articles 16 and 18;c.analyses and surveys relating to equal rights and the integration of persons with disabilities;d.coordination of the activities of public and private organisations in this field.Section 5 Special Provisions for the Cantons  Art. 20 1 The cantons shall ensure that children and young people with disabilities receive a basic education adapted to their special needs.2 Wherever possible and beneficial to the child or young person with a disability, the cantons shall provide suitable forms of schooling to encourage the integration of children and young people with disabilities in the regular school system.3 In particular, they shall ensure that that children and young people with perceptual or articulation disorders and persons close to them can learn a communication technique appropriate for the disability.Section 6 Final Provisions  Art. 21 Amendment of current legislation  The amendment of current legislation is regulated in the Annex.Art. 22 Deadlines for public transport adaptations  1 Existing public transport buildings, structures and vehicles must be adapted for use by persons with disabilities within 20 years of the commencement of this Act.2 Communications systems and ticket issuing systems must be adapted for use by persons with disabilities within ten years of the commencement of this Act.3 Prior to the adaptation deadlines under paragraphs 1 and 2, public transport companies have the right to have their operations and investment plans based on the federal implementation concept for the granting of financial assistance (Art. 23 para. 3) considered.Art. 23 Financial assistance  1 Within the scope of their responsibilities for the funding of public transport, the Confederation and the cantons shall grant financial assistance for the measures under Article 22.2 The Confederation shall specify a spending ceiling for a period of 20 years.3 The Federal Council shall in particular specify the priorities, conditions and applicable rates for financial assistance.Art. 24 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date:35 1 Jan. 2004Annex Nos 2 and 3: 1 Jan. 200535 FCD of 25 June 2003.Annex (Art. 21)Amendment of Current Legislation The following enactments are amended as follows:...3636 The amendments may be consulted under AS 2003 4487.


text: 152.1 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Archiving(Archiving Act, ArchA)of 26 June 1998 (Status as of 1 May 2013)The Federal Assembly of the Swiss Confederation,based on Article 85 section 1 of the Federal Constitution1,and having considered the Federal Council Dispatch dated 26 February 19972,decrees:1 [BS 1 3]. The provision corresponds to Art. 173 para. 2 of the Federal Constitution of  18 April 1999 (SR 101).2 BBl 1997 II 941Section 1 General Provisions  Art. 1 Purpose and scope  1 This Act regulates the archiving of documents from:a.the Federal Assembly;b.the Federal Council, the Federal Administration as defined in Article 2 of the Government and Administration Organisation Act of 21 March 19973, and the units of the armed forces;c.Swiss diplomatic and consular missions abroad;d.4the Federal Criminal Court, the Federal Administrative Court, the Federal Patent Court and the federal appeals and arbitration commissions;e.the autonomous institutions of the Confederation;f.the Swiss National Bank;g.extra-parliamentary committees;h.other public or private law bodies that fulfil executive tasks delegated to them by the Confederation, with the exception of the cantons;i.former federal bodies.2 This Act also applies to the use of archive records belonging to the Confederation by federal bodies and by third parties.3 The Federal Supreme Court shall regulate the archiving of their documents in accordance with the principles contained in this Act and in consultation with the Swiss Federal Archives (Federal Archives).53 SR 172.0104 Amended by No I 1 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Lawyers' Professional Secrecy, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).5 Amended by No II 3 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, in force since 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121).Art. 2 Principles  1 Federal documents that are valuable for legal, political, economic, historical, social or cultural reasons shall be archived.2 Archiving makes a contribution towards legal certainty as well as to the continuous and efficient management of administrative activities. In particular, it forms the basis for historical and sociological research.Art. 3 Definitions  1 Documents within the meaning of this Act are all recorded information, irrespective of the medium, that is received or produced in the fulfilment of the public duties of the Confederation, as well as all finding aids and supplementary data that are required in order to understand and use this information.2 Archive records are documents that have been accepted by the Federal Archives for safekeeping or that are independently archived by other bodies in accordance with the principles laid down in this Act.3 Documents that are of archival value are documents of legal or administrative importance or which contain valuable information.Section 2 Safekeeping of Documents  Art. 4 Archiving responsibilities  1 The Federal Archives shall archive the documents of the Confederation.2 The archiving of cantonal documents that have originated in the conduct of federal tasks is the responsibility of the cantons, unless a federal act provides otherwise.3 The Swiss National Bank and autonomous institutions designated by the Federal Council are responsible for the archiving of their own documents in accordance with the principles of this Act.4 The Federal Criminal Court, Federal Administrative Court, Federal Patent Court and the federal appeals and arbitration commissions shall offer their documents to the Federal Archives for safekeeping in the event that they are themselves unable to archive the documents in accordance with the principles of this Act.65 Other public or private law bodies, provided they carry out executive tasks delegated to them by the Confederation, are themselves responsible for the archiving of related documents in accordance with the principles of this Act or shall offer these to the Federal Archives for safekeeping. The Federal Council shall enact a corresponding ordinance.6 Amended by No I 1 of the Federal Act of 28 Sept. 2012 on the Amendment of Procedural Provisions on Lawyers' Professional Secrecy, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).Art. 5 Information and records management  1 The Federal Archives shall advise the offices required to offer their records for safekeeping on the organisation, management, preservation and delivery of their documents. It may also offer such services to other bodies.2 It has the power to consult registries or information management centres of the offices required to offer their records for safekeeping and to consult the condition of the documents held there.3 It shall issue directives to the offices required to offer their records for safekeeping on:a.the management, preservation and delivery of documents;b.the creation and management of parallel archives.Art. 6 Obligation to offer records for safekeeping  The bodies designated in Article 1 paragraph 1 must offer all documents that they no longer constantly require to the Federal Archives for safekeeping, provided they are not themselves responsible for their archiving.Art. 7 Assessment of the archival value and acceptance of documents  1 The Federal Archives, in cooperation with the bodies designated in Article 1 paragraph 1, shall decide whether documents are of archival value.2 Documents that are assessed as being of archival value must be delivered to the Federal Archives by the bodies required to offer their records for safekeeping. Offices not required to offer their records for safekeeping are responsible for their own archiving.3 The Federal Archives may temporarily safeguard documents that are assessed as not being of archival value if such safeguarding is required by federal law.Art. 8 Destruction of documents  1 Documents that are subject to the obligation to be offered for safekeeping must not be destroyed without the consent of the Federal Archives.2 The Federal Archives may not destroy documents without the consent of the body that has delivered them.Section 3 Access to Archive Records  Art. 9 Principle of freedom of access and period of retention  1 The archive records of the Confederation become available for consultation by the general public free of charge after the expiry of a retention period of 30 years, subject to the terms of Articles 11 and 12.2 Documents that were accessible to the public before their delivery to the Federal Archives remain accessible to the public.Art. 10 Calculation of the retention period  The retention period normally begins on the date of the most recent document of a case or file.Art. 11 Extended retention period for personal data  1 Archive records that are classified according to the names of people and which contain sensitive personal data or personality profiles are subject to a retention period of 50 years, unless the person concerned has consented to their consultation.2 The extended retention period ends three years after the death of the person concerned, subject to the provisions of Article 12.3 Consultation for the purpose of research not related to specific persons may be permitted during the extended retention period by the department responsible, subject to the imposition of restrictive conditions.Art. 12 Further restrictions on consultation  1 If there is an overriding and legitimate public or private interest in preventing the consultation by third parties of certain categories of archive records, the Federal Council may in an ordinance restrict or prohibit consultation for a limited period following the expiry of the retention period.2 If there is a predominant and legitimate public or private interest in preventing the consultation by third parties of archive records in a specific case, then the body delivering the records or the Federal Archives may restrict or prohibit consultation for a limited period following the expiry of the retention period.Art. 13 Consultation during the retention period  1 At the request of the Federal Archives, the body delivering the records may release archive records to the public or allow individual persons to consult the records before expiry of the retention periods stipulated in Articles 9, 11 or 12 paragraph 1, if:a.there are no statutory regulations that prevent this; andb.no overriding and legitimate public or private interests preclude consultation.2 Such authorisations apply to all applicants subject to the same conditions.3 The authorisation shall specify how the archive records are to be consulted. The consultation may be made subject to conditions; in particular, it may be required that personal data be rendered anonymous.4 The Federal Council regulates the details of the authorisation procedure and the conditions attached to consultation unless the general provisions of the law on administrative procedure apply.Art. 14 Consultation by the bodies delivering the records  1 The bodies delivering the records may also consult the records they have delivered during the retention period.2 In the case of personal data, the bodies delivering the records may consult the documents they have delivered during the retention period if they require these:a.as evidence;b.for legislative purposes or for the administration of justice;c.for statistical analysis; ord.to decide on the granting, restriction or refusal of the right of the person concerned to consult documents or to obtain information.3 Restrictions on the basis of other statutory regulations are reserved.4 The archive records must not be amended.Art. 15 Information to persons concerned; Contesting information  1 The provision of information and granting permission to consult records to the persons concerned are governed by the provisions of the Federal Act of 19 June 19927 on Data Protection. Refusals of information are issued by the bodies delivering the records.2 The Federal Archives may in addition defer or restrict the provision of information if such provision is not compatible with the efficient management of administrative activities.3 The persons concerned may not request the destruction or correction of data; they may merely have the records annotated to the effect that the data is disputed or incorrect.7 SR 235.1Art. 16 Consultation of bequests and deposits  1 The consultation of bequests or deposits made by natural or legal persons is governed by the provisions of the acquisition contracts.2 In the absence of such provisions, the provisions for federal archive records apply.Section 4 Organisation and Use  Art. 17 Further duties of the Federal Archives  1 The Federal Archives preserves the historical archives of the Helvetian Republic, the Mediation Era and the Tagsatzung Period.2 It undertakes to obtain archives and bequests from persons under private or public law that are of importance to Switzerland as a whole. It may enter into contracts for the acquisition of such archives.3 It shall ensure the secure and professional safekeeping, classification and accessibility of archive records and participate in their exploitation.4 The Federal Archives shall cooperate with other federal authorities, the cantons and with private individuals. It shall ensure the promotion of archiving activities. It shall collaborate with national and international archiving organisations.Art. 18 Specialist services  1 The Federal Council may authorise the Federal Archives as part of a service mandate to provide to third parties specialist services within its area of responsibility, in particular restoration and conservation work, as well as advisory services in the field of information management. The terms and conditions of such services shall be regulated by private law contracts.2 Such services may be provided as activities ancillary to the fulfilment of statutory duties and may not be offered at below cost price.Art. 19 Commercial use of the archive records  1 The use of the archive records for commercial purposes requires authorisation.2 Authorisation may be made subject to the contractual regulation of the scope of use and, if applicable, the participation of the Confederation in any profits made.3 The Federal Council regulates the requirements, procedure and responsibilities for authorising and entering into contracts for the commercial use of archive records.Art. 20 Prohibition of transfer of ownership and of acquisitive prescription  1 The archive records of the Confederation are inalienable. The Federal Council may provide for exceptions by means of an ordinance.2 Third parties may not acquire archive records, even through acquisitive prescription.Art. 21 Regulations on use; Administrative measures  The Federal Archives shall issue regulations on use. It may in particular provide therein that persons who have been in serious violation of this Act or the regulations on use are refused access to the Federal Archives.Art. 22 Specimen copies  A specimen copy must be provided free of charge of all work and publications that relate wholly or partly to archive records in the Federal Archives.Section 5 Criminal Provision  Art. 23 Anyone who publishes information from archive records that is subject to the retention period or is in any other way expressly prohibited from publication is liable to a fine, unless a more serious offence has been committed.88 Amended by Art. 333 of the Criminal Code (SR 311.0) in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).Section 6 Final Provisions  Art. 24 Implementation  1 The Federal Council shall enact the implementing provisions.2 It regulates the delivery and archiving of service records of persons who work for the federal government on the basis of a private law contract of agency.Art. 25 Amendment of current law  ...99 The amendments may be consulted under AS 1999 2243.Art. 26 Transitional provision  1 On expiry of the applicability of the Federal Decree of 9 October 199210 on the Consultation of the Files of the Office of the Attorney General of Switzerland, the provisions of this Act apply to its field of application.2 Documents within the meaning of the Federal Decree may not be consulted by the federal administration for 50 years from the date of the most recent documents of a case or file.10 [AS 1993 375, 1995 4093 annex 1 No 3. AS 2001 189 Art. 1]Art. 27 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council determines the date on which this Act comes into force.Commencement Date: 1 October 19991111 FCD of 8 Sept. 1999.


text: 152.3 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Freedom of Information in the Administration(Freedom of Information Act, FoIA)of 17 December 2004 (Status as of 19 August 2014)The Federal Assembly of the Swiss Confederation,based on Article 173 paragraph 2 of the Federal Constitution1, and having considered the Federal Council Dispatch dated 12 February 20032decrees:1 SR 1012 BBl 2003 1963Section 1 General Provisions  Art. 1 Aim and subject matter  This Act seeks to promote transparency with regard to the mandate, organisation and activities of the Administration. To this end, it contributes to informing the public by ensuring access to official documents.Art. 2 Personal scope of application  1 This Act applies to:a. the Federal Administration;b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 19683 on Administrative Procedure (Administrative Procedure Act);c. the Parliamentary Services.2 This Act does not apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority.43 The Federal Council is authorised to exclude other organisational units of the Federal Administration, as well as other organisations and persons outside the Federal Administration, from the scope of this Act, should:a. the functions assigned to same so require;b. their competitiveness be prejudiced by being subject to this Act; orc. the functions assigned to them be of only minor importance.3 SR 172.0214 Amended in accordance with Annex No 1 the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 (AS 2008 5207; BBl 2006 2829).Art. 3 Material scope of application  1 This Act does not apply to:a.access to official documents relating to:1.civil proceedings,2.criminal proceedings,3.international mutual and administrative assistance proceedings,4.international dispute settlement proceedings,5.constitutional and administrative judicial proceedings; or6.arbitration proceedings;b.the consultation, by a party, of the case file in first-instance administrative proceedings.2 Access to official documents containing personal information about the applicant is governed by the Federal Act of 19 June 19925 on Data Protection (Data Protection Act).5 SR 235.1Art. 4 Reservation of special provisions  Special provisions contained in other Federal Acts are reserved where they:a.declare certain information secret; orb.declare the access to certain information to be subject to requirements derogating from those set out herein;Art. 5 Official Documents  1 An official document is any information:a.which has been recorded, regardless of the medium;b.retained by the authority which issued the same or to which it has been communicated; andc.which concerns the execution of a public function.2 Documents which have been produced by means of a simple computerised process from recorded information which meets the requirements of paragraph 1 letters a, b and c above are deemed to be official documents.3 Not deemed to be official documents are any documents which:a.are used by an authority in a commercial capacity;b.have not been issued; orc.are intended for personal use.Section 2 Right of Access to Official Documents  Art. 6 Principle of freedom of information  1 Any person has the right to inspect official documents and to obtain information about the content of official documents.2 The documents may be inspected in situ or a copy thereof may be requested. The legislation governing copyright is reserved.3 Where an official document has already been published by the Federal Government in paper or electronic format, the rights under paragraphs 1 and 2 above are deemed to have been fulfilled.Art. 7 Exceptions  1 The right of access shall be limited, deferred or refused if such access to an official document:a.significantly impairs the free opinion-forming and decision-making processes of an authority which is subject to this Act, or of another legislative, administrative or judicial body;b.affects the execution of specific measures taken by an authority in conformity with its objectives;c.is likely to compromise the domestic and international security of Switzerland;d.is likely to affect the interests of Switzerland in matters of foreign policy and international relations;e.is likely to affect relations between the Federal Government and the cantons, or inter-cantonal relations;f.is likely to affect the economic or monetary interests of Switzerland;g.is likely to reveal professional, business or manufacturing secrets; orh.is likely to result in the release of information provided voluntarily by a third party to an authority which undertook to maintain secrecy with regard thereto.2 The right of access shall be limited, deferred or refused if such access to an official document is likely to prejudice the privacy of a third party, unless exceptionally outweighed by public interest.Art. 8 Special cases  1 There is no right of access to official documents of joint reporting proceedings.2 Access to official documents is granted only after the political or administrative decisions based thereon have been taken.3 By way of exception, the Federal Council may decide to withhold access to official documents resulting from official departmental consultation processes even after decisions have been made.4 Under no circumstances may access to official documents about the status of pending or future negotiations be granted.5 Access to reports on the evaluation of the performance of the Federal Administration and the effectiveness of its measures is guaranteed.Art. 9 Protection of personal data  1 Official documents containing personal data shall, wherever possible, be rendered anonymous prior to inspection.2 Where a request for access covers official documents which cannot be rendered anonymous, Article 19 of the Data Protection Act6 shall apply. The relevant procedure shall be governed by this Act.6 SR 235.1Section 3 Procedure for Access to Official Documents  Art. 10 Access application  1 An application for access to official documents shall be addressed to the authority which created the documents or received the same as primary addressee from third parties not subject to this Act.2 The Federal Council may provide a special procedure for access to official documents by Swiss representations abroad and by missions to international organisations.3 The application must be formulated in a sufficiently accurate manner.4 The Federal Council shall enact regulations governing the particulars of this procedure:a.it shall take the special needs of the media into account;b.should a large number of applications cover the same document, it may stipulate other modalities governing such access;c.it may extend the processing deadlines for applications which require particularly extensive processing.Art. 11 Consultation  1 Should an application be made for access to official documents which contain personal data, and which the authority is considering granting, it shall consult the person concerned and afford him the opportunity to submit comments within ten days.2 The authority shall then inform such consulted person of the position it intends to take concerning the application for access.Art. 12 Decision of the Authority  1 The authority shall make a decision as soon as possible and in any case no later than 20 days after receipt of the application.2 The deadline may, under exceptional circumstances, be extended by 20 days, should the application for access concern a large number of documents or documents which are complex or difficult to obtain. Should an application concern official documents containing personal information, the deadline shall be extended for the required period.3 Should an application concern official documents containing personal information, the authority shall suspend access until the legal situation has been clarified.4 The authority shall inform the applicant, with summary grounds, of any extension of the deadline, limitation or refusal of access. Information concerning the limitation or denial of access, as well as the grounds therefor, shall be conveyed in writing.Art. 13 Mediation  1 A request for mediation may be filed by any person:a.whose access to official documents has been limited, deferred or refused;b.whose application was not decided by the authority within the deadline;c.who was consulted pursuant to Article 11, should the authority intend granting access contrary to his wishes.2 The request for mediation must be filed in writing with the Federal Data Protection and Information Commissioner within 20 days of receipt of the decision from the authority or the date of the authority’s failure to comply with the deadline.3 Should mediation succeed, the matter is deemed to have been settled.Art. 14 Recommendation  Should mediation fail, the Federal Data Protection and Information Commissioner shall provide the participants to the mediation proceedings with a written recommendation within 30 days of receipt of the request for mediation.Art. 15 Decision  1 Within ten days of receipt of the recommendation, the applicant or the person consulted may request a decision pursuant to Article 5 of the Administrative Procedure Act of 20 December 19687.2 Furthermore, the authority shall hand down a decision, where, contrary to the recommendation, it intends to:a.limit, defer or refuse the right of access to an official document;b.grant the right of access to an official document containing personal information.3 A decision shall be issued within 20 days of receipt of the recommendation or the request for a decision pursuant to paragraph 1 above.7 SR 172.021Art. 168 Appeal  1 The appeals procedure are subject to the general provisions found in the relevant legislation governing the federal administration of justice.2 The appeal instances shall also have access to official documents which are secret.8 Amended in accordance with Annex No 7 the Federal Administrative Court Act of 17June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).Art. 17 Fees  1 In principle, access to official documents is subject to payment of a fee.92 No fee is charged for:a.the processing of an application which gives rise to minimal costs;b.mediation proceedings (Art. 13); andc.proceedings before the first instance (Art. 15).3 The Federal Council shall regulate the details and fee rates on the basis of the effective costs incurred. Specific provisions set out in other legislation are reserved.4 Fees may, in any event, be charged for the release of reports, brochures and other printed material and information carriers.9 The correction of 19 Aug. 2014 relates to the Italian text only (AS 2014 2599).Section 4 Federal Data Protection and Information Commissioner  Art. 18 Duties and Competencies  The Federal Data Protection and Information Commissioner (the Commissioner) pursuant to Article 26 of the Data Protection Act10 shall, in particular, have the following duties and competencies under the present Act:a.conducting mediation proceedings (Art. 13) and making a recommendation (Art. 14), should mediation not succeed;b.providing information ex officio, or at the request of individuals or authorities, on the modalities governing access to official documents;c.commenting on draft legislation and measures of the Federal Government which have a fundamental impact on the principle of freedom of information.10 SR 235.1Art. 19 Evaluation  1 The Commissioner shall review the execution and effectiveness of this Act and, in particular, the costs incurred in its implementation, and shall report on a regular basis to the Federal Council.2 The Commissioner shall submit the first report on the implementation costs of this Act to the Federal Council within three years of its entry into force.3 The reports of the Commissioner shall be published.Art. 20 Right to Information and Inspection  1 Within the context of mediation proceedings, the Commissioner shall have access to official documents, even if they are subject to secrecy.2 The Commissioner and his secretariat shall be subject to official secrecy to the same extent as the authorities whose official documents they inspect or from whom they obtain information.Section 5 Final Provisions  Art. 21 Implementation  The Federal Council may, in particular, enact provisions governing the:a.processing of official documents;b.information pertaining to official documents;c.publication of official documents.Art. 22 Amendments of existing legislation  Amendments to existing legislation are regulated in the Annex.Art. 23 Transitional provisions  This Act shall apply to official documents produced or received by authorities after its commencement.Art. 24 Referendum and commencement  1 This Act shall be subject to optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 July 20061111 FCD of 24 May 2006.Annex  (Art. 22)Amendment of Existing Legislation The federal acts below are amended as follows:...1212 The amendments may be consulted under AS 2006 2319.


text: 170.512English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on the Compilations of Federal Legislation and the Federal Gazette(Publications Act, PublA)of 18 June 2004 (Status as of 26 November 2018)The Federal Assembly of the Swiss Confederation,based on Article 173 paragraph 2 of the Federal Constitution1,and having considered the Federal Council Dispatch of 22 October 20032,decrees:1 SR 1012 BBl 2003 7711Section 1  General Provisions3 3 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057). Art. 1 Subject matter4  This Act regulates the publication by the Federal Chancellery of:5a.the compilations of federal legislation (the Official Compilation of Federal Legislation, AS and the Classified Compilation of Federal Legislation, SR);b.the Federal Gazette (BBl);c.6other texts related to legislation.4 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).5 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).6 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 1a7 Online publication  1 Publication under this Act takes place centrally via a publicly accessible online platform (the publications platform).2 …87 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).8 Not yet in force.Section 2 Official Compilation of Federal Legislation  Art. 2 Enactments of the Confederation  The following shall be published in the AS:a.the Federal Constitution;b.federal acts;c.ordinances of the Federal Assembly;d.ordinances of the Federal Council;e.other legislative enactments of the federal authorities and of organisations and persons under public or private law that are assigned administrative duties but do not form part of the Federal Administration;f.federal decrees subject to the optional referendum;g.federal decrees on the approval of international treaties;h.simple federal decrees, if the Federal Assembly so decides.Art. 3 International treaties and international law decrees  1 If they are binding on Switzerland, the following shall be published in the AS:a.international treaties that are subject to a referendum under Articles 140 paragraph 1 letter b and 141 paragraph 1 letter d of the Federal Constitution;b.other international treaties and decrees under international law that enact law or confer legislative powers.92 The Federal Council may decide that treaties and decrees that are not legislative in their nature be published in the AS.3 The Federal Council shall determine the requirements by which treaties and decrees of no more than six months in duration and of limited scope need not be published in the AS.109 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).10 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 4 Agreements between the Confederation and the cantons and between cantons11  The following shall be published in the AS:a.agreements between the Confederation and the cantons that enact law or confer legislative powers;b.other agreements between the Confederation and the cantons if the Federal Council so decides;c.12Agreements between cantons that have been declared by the Confederation to be generally binding (Art. 48a Federal Constitution).11 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).12 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).Art. 513 Publication by reference  1 Texts in terms of Articles 2–4 which by their special nature are not suitable for the publication in the AS shall be included simply as a title with a reference or source, in particular if:a.they concern only a small group of people;b.they are technical in nature and only intended for specialists;c.they must be published in a format that is not suitable for publication in the AS; ord.a federal act or Federal Assembly ordinance requires publication outside the AS.2 Texts under Articles 2–4 that are published in another organ of publication available free of charge in Switzerland shall also be included in the AS only by title with a reference or source in that organ.3 Articles 6–10 and 14 apply.13 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016, with the exception of the introductory sentence to para. 1 (AS 2015 3977; BBl 2013 7057).Art. 614 Exceptions to the publication requirement  1 Federal enactments, international treaties and decrees under international law that must be treated as confidential in the interests of Switzerland’s internal or external security or international commitments shall not be published in the AS.2 Where texts under paragraph 1 impose obligations on individuals, only persons who have been given notice of the relevant provisions are bound.14 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 715 Ordinary, emergency and exceptional publication  1 The texts in terms of Articles 2–4 shall be published in the AS at least five days before they come into force.2 Agreements and decrees under Articles 3 and 4 whose commencement date is not yet known at the time of their approval shall be published immediately after the announcement of their commencement date.3 A text shall be published by way of exception on the day it comes into force at the latest (emergency publication) if this is required either to ensure its effectiveness.4 If the publications platform is not available, the texts shall be published by other means (exceptional publication).15 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 8 Legal effect of publication  1 Legal obligations arising from texts in terms of Articles 2–4 shall apply as soon as the texts have been published in accordance with the provisions of this Section.2 If an enactment is published in the AS after commencement, obligations arising therefrom apply from the day following publication, subject to Article 7 paragraph 3.3 If an enactment is published under the exceptional procedure, it remains open to any person affected thereby to show that he or she was unaware of the enactment and despite taking all reasonable care could not have been aware of it.Art. 916 16 Repealed by No I of the FA of 26 Sept. 2014, with effect from 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 10 Formal corrections  1 The Federal Chancellery shall correct errors and formulations in the AS that affect the meaning and do not correspond to the decision of the enacting authority:a.in federal enactments, with the exception of Federal Assembly enactments: at its own behest;b.in international treaties and decrees under international law: by agreement with the contracting partners.172 For the correction of Federal Assembly enactments, Articles 57 paragraph 1bis and 58 of the Parliament Act of 13 December 200218 applies.193 Errors in Federal Assembly enactments that arose on publication are corrected in the AS by the Federal Chancellery by agreement with the Federal Assembly Drafting Committee.2017 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).18 SR 171.1019 Amended by No II 1 of the FA of 15 June 2018 (Miscellaneous Amendments of Parliamentary Law), in force since 26 Nov. 2018 (AS 2018 3461; BBl 2017 6797 6865).20 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Section 3 Classified Compilation of Federal Legislation  Art. 1121 Content  The SR is a revised compilation, arranged under subject headings and updated at regular intervals, which contains:a.the texts published in the AS, with the exception of non-legislative federal decrees on the approval of international treaties and decrees under international law; and b.the cantonal constitutions.21 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 12 Informal corrections and amendments  1 The Federal Chancellery shall informally correct errors in the SR that do not change the meaning.2 It shall informally amend details such as descriptions of administrative units, links, references or abbreviations in the SR.3 For the correction of Federal Assembly enactments, Article 58 of the Parliament Act of 13 December 200222 applies.22 SR 171.10Section 4 Federal Gazette  Art. 13 1 The following shall be published in the Federal Gazette:a.dispatches and drafts of the Federal Council on enactments of the Federal Assembly;b.23reports and drafts of Federal Assembly committees on enactments of the Federal Assembly and the related Federal Council statements;c. 24…d.federal decrees on amendments to the Constitution as well as on the approval of international treaties in accordance with Article 140 paragraph 1 letter b of the Federal Constitution;e.federal acts and federal decrees subject to an optional referendum;f.simple federal decrees that are not published in the AS in accordance with Article 2 letter h;fbis.25Federal Council directives;g.further texts that must be included in accordance with federal legislation.2 In addition, the following may be published in the Federal Gazette:a.reports, statements or agreements of the Federal Council, Federal Assembly committees or the federal courts, unless these must be published under paragraph 1;b.Federal Council decrees and announcements;c.decrees, directives and announcements from the Federal Administration and from organisations and persons under public or private law that are assigned administrative duties but do not form part of the Federal Administration.263 If it seems appropriate, the publication may be limited to the title with the reference or source (Art. 5).4 For the correction of texts, Article 10 applies by analogy.23 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).24 Repealed by No I of the FA of 26 Sept. 2014, with effect from 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).25 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).26 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Section 4a27 Other Texts published on the Publications Platform 27 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057). Art. 13a 1 The following texts are also published on the publications platform:a.28…b.29the documents relating to consultation proceedings under the Consultation Procedure Act of 18 March 200530;c.former versions of federal law;d.translations of official publications, in particular those in Romansh or English.2 The Federal Council may provide that further texts that are related to legislation are published on the publications platform.28 Not yet in force.29 Amended by No III of the FA of 26 Sept. 2014, in force since 1 April 2016  (AS 2015 3977, 2016 925; BBl 2013 7057 8875).30 SR 172.061Section 5 Common Provisions  Art. 14 Languages of published texts31  1 Publication is effected simultaneously in the official languages German, French and Italian. In the case of enactments, the three versions are equally binding.2 The Federal Council may decide that texts that are only published as a title with a reference or source will not be published in all three official languages or that a translation into the official languages is not required if:a.the provisions contained in these texts do not directly bind the persons concerned; orb.the persons concerned use the texts only in their original language.3 The Federal Chancellery may decide that decrees and announcements issued by the Federal Administration and by organisations and persons under public or private law in accordance with Article 13 paragraph 2 are published only in the official language of the persons concerned, provided these are solely of local significance.4 The translation of documents related to consultation proceedings is governed by the legislation on the consultation procedure32.335 The publication of texts in Romansh is governed by Article 11 of the Languages Act of 5 October 200734.356 Texts of particular importance or international interest that are published on the publications platform may also be published in other languages, in particular English.3631 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).32 SR 172.061 and 172.061.133 Inserted by No III of the FA of 26 Sept. 2014, in force since 1 April 2016  (AS 2015 3977, 2016 925; BBl 2013 7057 8875).34 SR 441.135 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).36 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 14a37 Federal Assembly enactments  1 The Federal Chancellery shall publish in the Federal Gazette and in the AS Federal Assembly enactments in the three official languages in the final version approved by the Councils.2 In doing so, it is only authorised to add information on the deadline for requesting a referendum, the expiry of that deadline and the entry into force, to complete missing AS, BBl and SR references and to make formatting changes.37 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3977; BBl 2013 7057).Art. 1538 Authoritative version  1 For federal enactments, agreements between the Confederation and the cantons and agreements between cantons (Art. 2 and 4), the version published in the AS is authoritative. If a text is published by reference, the version to which reference is made is authoritative.2 The version published on the publications platform is authoritative.3 The authoritative version of international treaties and decrees under international law is determined by the provisions thereof.38 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 1639 Printed versions  1 The texts published on the publications platform may be obtained in printed form.2 The Federal Council shall determine the conditions by which periodical editions of texts published on the publications platform are produced and distributed in printed form.3 It shall determine the minimum number of printed copies of the texts published in the AS and Federal Gazette that may be made available, and where they shall be deposited.39 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 16a40 Data security  The Federal Council shall determine the measures required to guarantee the authenticity, integrity and the safekeeping of texts published on the publications platform and the smooth operation of the publications platform; in doing so, it shall take account of the state of the art.40 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 16b41 Data protection  1 Publications under this Act may contain personal data; in particular, they may also contain sensitive personal data in terms of Article 3 letter c of the Federal Act of 19 June 199242 on Data Protection, where this is required for a publication provided for in a federal act.2 Texts that contain sensitive personal data may not be made publicly available online for longer or contain more information than their purpose requires.3 The Federal Council shall determine any further measures required in order to ensure the protection of sensitive personal data in online publications; in doing so, it shall take account of the state of the art.41 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).42 SR 235.1Art. 1743 43 Repealed by No I of the FA of 26 Sept. 2014, with effect from 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 1844 Inspection  The following may be inspected at the Federal Chancellery and at the offices designated by the cantons:a.the content on the publications platform; andb.enactments published under the exceptional procedure that have not yet been included in the AS (Art. 7 para. 4).44 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 1945 Fees  1 Consultation of the publications platform and inspections in terms of Article 18 are free of charge. 2 The Federal Council shall regulate the fees for the provision of printed texts and electronic data under this Act. 45 Amended by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 19a46 Third-party suppliers  The Federal Council may make third party suppliers subject to special conditions, in particular in relation to the use of data.46 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Section 6 Final Provisions  Art. 19b47 Implementation  1 The Federal Chancellery manages the publications platform.2 It shall carry out the other tasks under this Act unless other administrative units are responsible.47 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3977; BBl 2013 7057).Art. 20 Repeal of current legislation  The Publications Act of 21 March 198648 is repealed.48 [AS 1987 600]Art. 21 Amendment of current legislation  The following federal acts are amended as follows:…4949 The amendments may be consulted under AS 2004 4929.Art. 22 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the date on which this Act comes into force.Commencement date: 1 January 20055050 FCD of 17 Nov. 2004.