Main legal texts impacting on the development of eGovernment

Last updated: October 2011

eGovernment Legislation

Current status

The Parliament will undertake in 2011 the drafting and voting of various laws that are of critical importance for the development of eGovernment. These are the eGovernemnt Act (eGovG), the Amendment on Official Documents (ZustG), and the Act on the National Register of Persons (ZPRG).

The eGovernment Act mainly includes provisions focused on electronic communication, identification and authentication in electronic commerce and electronic records management. In accordance with this act, the existing Act regarding the Service of Legal Documents will be extended to electronic delivery.

The Act of the National Register of Persons regulates the operation of the Register and the use of the Personal Identification Number (PEID) by various agencies.

The drafting and discussion of the Acts will have been completed by the end of 2011; they will become a law on 1 January 2012.

Freedom of Information Legislation

The Information Act

This Information Act (Informationsgesetz) entered into force in January 2000. It allows any citizen to obtain files from the State and Municipal bodies, as well as from private individuals who conduct public tasks. Responses have to be given in a 'timely' manner. It does not apply to documents under preparation. There are exemptions for protecting decision-making, public security, disproportionate expenditure, privacy and professional secrets. Documents are released based on a balance of interests test. Appeals can be made to a court. The law also sets rules on the openness of meetings of the Parliament, commissions and municipalities. The Information Act is supplemented by the regulation on the Information Act (Informationsverordnung), register number 172.015.1.

Data Protection/Privacy Legislation

Data Protection Act

The Data Protection Act of 14 March 2002 provides for the rights and obligations of private individuals and State authorities, implementing into national law the EU Directive 95/46/EC on the protection of individuals concerning the processing of personal data and the free exchange of data. The Act (register number 235.1) was supplemented by two regulations in July 2002 (register number 235.11 and February 2006 (register number 235.111). The latter concerns the use of personal data by the police for cases related to terrorism, national security and crime prevention. In September 2008, the Parliament adopts a partial revision of the Data Protection Act bringing the law into line with EU agreements regarding the connection to European database systems, such as the Schengen Information System (SIS), or the Eurodac service. The revised law focuses on the independence of data protection from the Executive and underlines its main role in ensuring the protection of personal rights and the respect for privacy.

eSignatures Legislation

Law on Electronic Signatures

The current legislation on eSignatures (Signaturgesetz; SigG, registry number 784.11) has been in force since September 2003. Among other, the law implements the European Directive 1999/93/EC on a Community framework for Electronic Signatures. It has been supplemented by the regulation on Electronic Signatures of June 2004 (SigV, registry number 784.111).

eCommerce Legislation

Law on eCommerce

The Law on eCommerce (E-Commerce-Gesetz; ECG, register no. 215.211.7) came into effect in June 2003. Among other, this law implements the European Directive 2000/31/EC on certain legal aspects of information society services, in particular on electronic commerce in the Internal Market (Directive on electronic commerce).

eCommunications Legislation

Law on Telecommunications

The Law on Telecommunications of 20 June 1996 is the centrepiece of the country’s legal framework in this area. In 1998, important steps towards deregulation were initiated along the same lines as in other European Countries. In 1999, the postal contract between Liechtenstein and Switzerland covering regulatory aspects of telecommunication was replaced by a new contract with the Swiss OFCOM (Office of Communication).

Law on Electronic Communication

The Office of Communication (Amt für Kommunikation) was instituted on 1 January 1999 constituting the regulatory authority for telecommunications services. The legislation for communications was updated in September 2004, by the regulations for mobile telecommunications. On 6 June 2006, the Law on Electronic Communication (Kommunikationsgesetz; KomG, registry number 784.10) came into force. This legal framework concerns the provision of broadcasting and information society services, i.e. online services.

Despite the adoption of the Law on Electronic Communication, Liechtenstein has not yet fully implemented and applied the 2002 EU regulatory framework on electronic communications. Significant implementation gaps remain and a number of implementing ordinances, identified as necessary to ensure full compliance, have still not been adopted by the Government. For instance, the Liechtenstein authorities have not commenced the crucial review of the State’s effective competition in the telecommunications markets.

eProcurement Legislation

eProcurement Regulations

There is currently a full set of public procurement regulations, supported by full online information and forms to be used concerning nearly all kinds of public contracts. The sector is under the jurisdiction of the Office of Public Procurement (Stabsstelle öffentliches Auftragswesen). Moreover, being an EEA Member State, Liechtenstein is committed to the implementation of the European public procurement directives 2004/17/EC and 2004/18/EC.

Re-use of Public Sector Information (PSI)

Law on the Re-use of Public Sector Information

In 1998, a new Law of Information was introduced in Parliament and published in the National Law Gazette as the Law on Information (July 1999) and the Regulation on Information (November 1999). The main objective is to promote an open information policy for the Public Administration.

The Joint Committee Decision for the incorporation of the European Directive on the re-use of public sector information (2003/98/EC) into the EEA-Agreement entered into force on 1 September 2006. Liechtenstein implemented the Directive with its transposition into National Law on 29 May 2008.