English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Responsibilities
Art. 47 Decisions
1 Depending the importance of an item of business, it is dealt with by the Federal Council, a department, a group or an office. 2 The Federal Council sets out in an ordinance which administrative unit is responsible for decisions about individual items of business or in wider areas of business. 3 If the departments are unable to agree on responsibility in specific cases, the President of the Confederation shall decide. 4 The superordinate administrative units and the Federal Council may at any time take responsibility for deciding on a particular item of business. 5 Mandatory responsibilities in accordance with the legislation on the administration of federal justice are reserved. If the appeal to the Federal Council is not permitted, the latter may issue a directive to the competent federal administrative authority on how to decide in accordance with the law. 6 Federal Council business is delegated by law to the department competent for the matter concerned where rulings must be issue
Para. 6 — SR 173.32 Para. 6 — Amended by Annex No 9 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Art. 48 Lawmaking
1 The Federal Council may delegate responsibility for enacting legal rules to the departments. In doing so, it takes account of the significance of the legal rules. 2 Delegating lawmaking to groups and offices is only permitted if authorised by a federal act or a general binding federal decree.
Art. 48a Conclusion and amendment of and withdrawal from international treaties
1 The Federal Council may delegate responsibility for concluding, amending or withdrawing from international treaties to a department. In the case of treaties of limited scope, or of amendments or withdrawals of limited scope, it may also delegate this responsibility to a group or federal office. 2 It provides the Federal Assembly with an annual report on the treaties concluded, amended or withdrawn from by the Federal Council, the departments, groups and federal offices. Only the Control Delegation receives notice of confidential or secret treaties.
Art. 48a — Inserted by Annex No II 3 of the Parliament Act of 13 Dec. 2002 (AS 2003 3543; BBl 2001 3467 5428). Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).
Art. 49 Authorisation to sign
1 The heads of department may authorise the following persons to sign particular items of business in their name: a. secretaries-general or the persons representing them; b. members of senior management in the groups and offices; c. further persons in the general secretariat in relation to the department’s responsibilities as an appeal authority. 2 They may also authorise these persons to sign rulings. 3 The directors of the groups and offices and the secretaries general determine who is to have signature authorisation in their domain. Contracts, rulings or other formal commitments by the Confederation for sums of more than 100,000 francs require two signatures. 4 The opening of bank or postal accounts in Switzerland requires an additional signature from the Federal Finance Administration. 5 The Federal Council may permit exceptions to the requirement for two signatures in special cases.
Para. 2 — Amended by No II 5 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). Para. 3 — Amended by No I 1 of the FA of 17 March 2017 on the Stabilisation Programme 2017–2019, in force since 1 Jan. 2018 (AS 2017 5205; BBl 2016 4691). Para. 4 — Inserted by No I 1 of the FA of 17 March 2017 on the Stabilisation Programme 2017–2019, in force since 1 Jan. 2018 (AS 2017 5205; BBl 2016 4691). Para. 5 — Inserted by No I 1
Art. 50 Official business
1 The Federal Council sets out the principles for maintaining international relations in the Federal Administration. 2 Dealings with the cantonal governments are the responsibility of the Federal Council and the heads of department. 3 The directors of the groups and offices deal directly with other federal, cantonal and communal authorities and public offices as well as with private individuals, according to their responsibilities.
Chapter 2 Planning and Coordination
Amended by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641).
Art. 51 Planning
The departments, groups and offices plan their activities as part of the Federal Council’s general planning. The departments shall bring their plans to the attention of the Federal Council.
Art. 52 Coordination activities at government level
The Federal Council, its committees and the Federal Chancellery carry out the coordination tasks assigned to them by the Constitution and the law.
Art. 53 Conference of Secretaries General
1 Under the leadership of the Federal Chancellor, the Conference of Secretaries General directs coordination activities in the Federal Administration. 2 Where no special coordinating body exists for specific tasks or items of business, the Conference is responsible for these coordination activities, in particular in preparing items of Federal Council business. 3 It may in terms of a Federal Council decree deal with interdepartmental issues and prepare these for the Federal Council. 4 The Secretary General of the Federal Assembly may take part in the Conference of Secretaries General in an advisory capacity.
Para. 4 — Inserted by Annex No 3 of the FA of 8 Oct. 1999, in force since 1 Jan. 2000 (AS 2000 273; BBl 1999 4809 5979).
Art. 54 Information Conference
1 The Information Conference comprises the Federal Council Spokesperson and the persons responsible for information in the departments. A representative from the Parliamentary Services may with take part in an advisory role. 2 The Information Conference deals with current information problems in the departments and Federal Council; it coordinates and plans information. 3 The Federal Council Spokesperson holds the chair.
Para. 1 — Amended by No I of the FA of 24 March 2000, in force since 1 Sept. 2000 (AS 2000 2095; BBl 1997 III 1568, 1999 2538). Para. 2 — Amended by No I of the FA of 8 Oct. 1999, in force since 1 Jan. 2000 (AS 2000 273; BBl 1999 4809 5979). Para. 3 — Amended by No I of the FA of 24 March 2000, in force since 1 Sept. 2000 (AS 2000 2095; BBl 1997 III 1568, 1999 2538).
Art. 55 Other standing staff office, planning and coordination bodies
The Federal Council and departments may employ other staff office, planning and coordination bodies as institutionalised conferences or as self-contained administrative units.
Art. 56 Interdepartmental project organisations
The Federal Council may form project organisations to process important interdepartmental tasks of limited duration.
Chapter 3 External Advice and Extra-Parliamentary
Amended by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641).
Section 1 External Advice
Inserted by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641).
Art. 57 …
1 The Federal Council and departments may consult organisations and persons which are not part of the Federal Administration. 2 …
Art. 57 — Repealed by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), with effect from 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641). Para. 2 — Repealed by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), with effect from 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641).
Section 2 Extra-Parliamentary Commissions
Inserted by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641).
Art. 57a Purpose
1 Extra-parliamentary commissions advise on a permanent basis the Federal Council and the Federal Administration on accomplishing their tasks. 2 They make decisions insofar as they are authorised to by a federal act.
Art. 57b Requirements
Extra-parliamentary commissions may be established when tasks: a. require specialist knowledge that is not available in the Federal Administration; b. require the cantons or additional interested circles to be involved at an early stage; or c. are to be carried out by a decentralised unit of the Federal Administration which is not bound by directives.
Art. 57c Instituting committees
1 A committee is not established if the task can be more appropriately carried out by a unit of the central Federal Administration or an organisation or person from outside the Federal Administration. 2 The Federal Council establishes extra-parliamentary commissions and elects their members. 3 The members are appointed for a term of office of four years. 4 If a seat becomes vacant, a replacement is elected.
Art. 57d Review
Every four years, when an extra-parliamentary commission is elected, the necessity for the committee, its tasks and composition shall be reviewed.
Art. 57e Composition
1 Extra-parliamentary commissions may normally have no more than 15 members. 2 Among the members there must a balance between the sexes, languages, regions, age groups and interest groups, with due consideration of the committee’s tasks. 3 Members the Federal Administration may only be elected as members of a committee in exceptional cases and with due reason.
Art. 57f Disclosure of interests
1 Committee members must disclose their interests before election. The Federal Council shall issue the relevant implementing provisions. 2 Any person who refuses to disclose their interests is not eligible for election to a committee.
Art. 57g Remuneration
1 The Federal Council sets out uniform criteria for the remuneration of committee members. 2 The amount of remuneration is made public.
Art. 57g — In force since 1 Jan. 2010 (AS 2009 6135).
Chapter 4 Processing Personal Data and Legal Entit
Originally Chapter 3. Inserted by No I of the FA of 24 March 2000 on the Creation and Amendment of Statutory Principles for the Processing of Personal Data, in force since 1 Sept. 2000 (AS 2000 1891; BBl 1999 9005). Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Section 1 Records and Process Management Systems
Inserted by No I of the FA of 1 Oct. 2010 (Data Protection in the Use of Electronic Infrastructure) (AS 2012 941; BBl 2009 8513). Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 57h Operating records and process management systems
1 The Federal Administration’s units and the Parliamentary Services shall operate electronic records and process management systems for their business processes and to manage documents, including correspondence. 2 Insofar as required within the business processes, they may grant federal authorities and bodies outside the Federal Administration access to their own records and process management systems.
Art. 57hbis Processing personal data and legal entities’ data
1 Personal data, including sensitive personal data in terms of the Data Protection Act of 25 September 2020 (FADP), and legal entities’ data, including sensitive data in terms of Article 57r paragraph 2 of this Act, may be processed in records and process management systems, provided they serve: a. to process items of business; b. to organise operational processes; c. to determine whether data on a specific person are being processed; d. to facilitate access to documentation. 2 Other federal authorities and bodies outside the Federal Administration may be granted access to personal data, including sensitive personal data in terms of the FADP, and to legal entities’ data, including sensitive legal entities’ data in terms of Article 57r paragraph 2 of this Act, provided disclosure is permitted by law. 3 Records and process management systems may contain sensitive personal data in terms of the FADP and sensitive legal entities’ data in terms of Article 57r paragraph 2 of this Act, provide
Para. 1 — SR 235.1
Art. 57hter Implementing provisions
The Federal Council shall issue implementing provisions, in particular on the organisation and operation of the records and process management systems and on the protection of personal data and legal entities’ data.
Section 2 Processing Personal Data and Legal Entit
Inserted by No I of the FA of 1 Oct. 2010 (Data Protection in the Use of Electronic Infrastructure), in force since 1 April 2012 (AS 2012 941; BBl 2009 8513). Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 57i Relationship to other federal law
The regulations in this section do not apply if another federal act regulates the processing of personal data and legal entities’ data linked to the use of electronic infrastructure.
Art. 57i — Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 57j Principles
1 Under the FADP, federal bodies may not record and evaluate personal data and legal entities’ data linked to the use of their electronic infrastructure or to any electronic infrastructure operated by them unless this is necessary for one or more of the purposes set out in Articles 57l–57o of this Act. 2 Data processing as described in this Section may also involve personal data in terms of the FADP and sensitive legal entities’ data in terms of Article 57r paragraph 2 of this Act.
Art. 57j — Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 1 — SR 235.1
Art. 57k Electronic infrastructure
Electronic infrastructure includes all stationary or mobile installations and devices capable of recording personal data and legal entities’ data; it includes in particular: a. data processing systems, network components and software; b. data storage units; c. telephones; d. printers, scanners, fax and photocopying machines; e. timekeeping systems; f. access and video surveillance systems; g. geopositioning systems.
Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 57l Recording personal data and legal entities’ data
The federal bodies may record personal data and legal entities’ data associated with the use of electronic infrastructure for the following purposes: a. all data, including of the content of electronic correspondence: for back-up purposes; b. data linked to the use of electronic infrastructure: 1. to ensure the security of information and services, 2. to ensure that electronic infrastructure is maintained on a technical level, 3. to verify compliance with licensing regulations, 4. to trace access to data collections, 4. to trace access to the electronic infrastructure, 5. to record any costs arising from the use of electronic infrastructure; c. data on staff working hours: to manage working hours; d. data on persons entering, leaving and remaining on federal premises: for security purposes.
Art. 57l — Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). let. b let. 4 — Amended by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 57m Data evaluation not relating to persons
Evaluation of recorded data which does not relate to persons is permitted for the purposes stated in Article 57l.
Art. 57n Data evaluation not relating to named persons
Evaluation of recorded data which does not relate to named persons is permitted by random sampling for the following purposes: a. to monitor the use of electronic infrastructure; b. to monitor staff working hours.
Art. 57o Data evaluation relating to named persons
1 Evaluation of recorded data which relates to named persons is permitted for the following purposes: a. to investigate specific suspicion regarding abuse of electronic infrastructure and to take action against proven abuse; b. to analyse and eliminate disruptions to electronic infrastructure and protect against clear threats to this infrastructure; c. to provide required services; d. to determine and invoice services rendered; e. to monitor individual working hours. 2 Evaluation according to paragraph 1 letter a may only be carried out: a. by federal bodies; b. once the person concerned has been informed in writing.
Art. 57p Prevention of abuse
The federal authority takes the required preventive technical and organisational measures to prevent abuses.
Art. 57q Implementing provisions
1 The Federal Council regulates in particular: a. the recording, safeguarding and destruction of data; b. the data processing procedure; c. access to data; d. the technical and the organisational measures to guarantee data security. 2 Data may only be kept as long as is necessary. 3 Unless otherwise determined by an Ordinance issued by the Federal Assembly, these implementing provisions where appropriate apply to data relating to members of the Federal Assembly and the staff of the Parliamentary Services.
Section 3 Processing Legal Entities’ Data
Inserted by Annex 1 No II 13 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 57r Processing legal entities’ data
1 Federal bodies may process legal entities’ data, including sensitive data, provided this is required to fulfil their tasks as defined in a formal act of parliament. 2 Sensitive legal entities’ data are: a. data relating to administrative and criminal prosecutions and sanctions; b. data on professional, business and manufacturing secrets.
Art. 57s Disclosing legal entities’ data
1 Federal bodies may disclose legal entities’ data if this is permitted by law. 2 They may only disclose sensitive legal entities’ data if a formal act of parliament so provides. 3 They may disclose legal entities’ data in an individual case in derogation from paragraphs 1 and 2 if any one of the following requirements is met: a. The disclosure of data is essential for the federal body or for the recipient in order to fulfil a statutory task. b. The legal entity concerned has consented to disclosure. c. The recipient credibly demonstrates that the legal entity concerned refuses consent or objects to disclosure in order to prevent the recipient from enforcing legal claims or from safeguarding other legitimate interests; the legal entity concerned shall be given the opportunity to state its position in advance, unless this is impossible or requires disproportionate effort. 4 They may also disclose legal entities’ data when providing the public with official information or in accordance w
Para. 4 — SR 152.3
Art. 57t Rights of the legal entities
The applicable procedural law regulates the rights of the legal entities concerned.