Agreement on the use of open standards for software in the public sector

October 2007

Through this Agreement, Danish Regions and Local Government Denmark (hereinbelow referred to by the Danish abbreviation 'KL') agree that the regions and municipalities will likewise introduce the standards described in the text below. The regions and municipalities support the introduction of mandatory open standards since spreading the open standards will promote competition and interoperability.

Background

On 2 June 2006, the Folketing [Danish Parliament] unanimously adopted Parliamentary Decision B 103 on the use of open standards for software in the public sector. B 103 instructs the Government to ensure that the public sector’s use of information technology, including its use of software, is based on open standards. A majority of the parties set as a precondition that B 103 must not give rise to increased costs for the public sector.

On 11 August 2006, the report "Virkemidler til fremme af interoperabilitet gennem fælles, åbne standarder" [Tools to promote interoperability by means of common, open standards] was published. The Ministries of Science and of Finance, KL and Danish Regions were behind the report. The report laid down a common public basis for how implementation of B 103 can be carried out. It proposed that B 103 be implemented by means of a Government Decision and an Agreement with the municipal parties.

In the light of the Folketing's Parliamentary Decision B 103 from the summer of 2006 and of the report "Virkemidler til fremme af interoperabilitet gennem fælles, åbne standarder", in February 2007, the Ministry of Science submitted the report "Anvendelse af åbne standarder for software i det offentlige" [The use of open standards for software in the public sector] for consultation. This latter report recommends that 7 software standards be made mandatory as of 1 January 2008.

The responses received during the consultation process were predominantly positive and the Ministry of Science subsequently achieved political unanimity on a timetable for implementing the use of mandatory open standards for software in the public sector.

Mandatory open standards

Without bringing about increased costs for the public sector, the introduction of open standards will promote a competitive market for software and help bring about a situation where public sector IT systems will be able to exchange information irrespective of the software chosen.

For each potentially mandatory set of open standards, a financial impact assessment is carried out. The assessment ensures that the introduction of the individual standards is appropriate in socio-economic terms.

The first seven sets of mandatory open standards will enter into force as of 1 January 2008. The standards in question are the following:

• Standards for data exchange between public authorities (OIOXML)
• Standards for electronic case and document management (FESD)
• Standards for electronic purchasing in the public sector (OIOUBL)
• Standards for digital signatures (OCES)
• Standards for public websites/ homepages and accessibility
• Standards for IT security (DS484 – State only)
• Standards for document exchange (ODF/OOXML)

As far as standards for document exchange are concerned, there are currently two fundamental open standards for such formats on the market: ODF and OOXML. Both standards are, however, still relatively immature and there is a lack of actual practical experience of their use. The financial consequences of introducing them are therefore difficult to estimate and largely based on judgement. The same realisation has also been reached in other European countries facing similar decisions.

The following implementation process is therefore being set in course:

• By 1 January 2008, all public authorities must be capable of accepting data-processing documents from the public, businesses and other authorities in two formats: OOXML and ODF.
• As of 1 January 2008, OOXML and ODF will be mandatory standards for public authorities. IT solutions purchased after 1 January 2008 must support at least one of these open standards and be capable of accepting data-processing documents in both formats, where necessary through the use of plug-ins (supplementary programs).
• Whether ODF and/or OOXML are to be mandatory after 1 July 2009 will be decided following an assessment by an independent third party.

If a standard is open, this means that:

• the standard must be publicly accessible and documented in all its details, 
• the standard must be freely implementable without economic, political or judicial constraints on implementation and use, now or in the future, and
• the standard must be standardised and maintained in an open forum via an open process (organisation for standardisation).

Use of mandatory open standards

The requirement to use mandatory open standards applies only to new IT solutions.

It is the case in relation to the use of mandatory open standards that, where an individual authority faces additional costs or other inconveniences, including in relation to its IT security considerations, such an authority may refrain from using the mandatory standards. In light of this, municipalities and regions cannot invoke any financial claims against the State in relation to the use of mandatory open standards for software.

More detailed guidelines, including specification of how authorities may be exempted from the otherwise mandatory introduction of an open standard, are laid down in the general guidelines drawn up as part of the implementation of B 103. These general guidelines will be made available to the authorities before the entry into force of the present Agreement.

In pursuance of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, the Commission is to be notified before the Agreement enters into force.

The three parties to the Agreement declare that they agree to the process described. The Agreement on the use of open standards for software in the public sector emphasises that the three tiers of public authority will work together on significant digitalisation initiatives.

For further information, please contact Adam Lebech, IT-strategy Division, The National IT and Telecom Agency - tel. + 45 35450124