This law aims to enhance transparency, security, and efficiency by requiring public bodies to disclose the source code of software developed by or for them unless third-party rights or security concerns prevent it. The "public money, public code" approach is designed to improve government operations.

The journey to this law began in 2011 when the Swiss Federal Supreme Court released its court application, Open Justitia, under an OSS license.

This move faced opposition from the proprietary legal software company Weblaw, leading to over a decade of political and legal battles. The EMBAG was finally passed in 2023.

The law now mandates the release of OSS by the Swiss government or its contractors under an open-source license unless restricted by third-party rights or security reasons.

Professor Dr. Matthias Sturmer, head of the Institute for Public Sector Transformation at the Bern University of Applied Sciences, championed this law. He views it as a significant opportunity for the government, IT industry, and society.

Sturmer believes the regulation will reduce vendor lock-in for the public sector, allow companies to expand their digital business solutions, and potentially lower IT costs while improving services for taxpayers.

The EMBAG also requires releasing non-personal and non-security-sensitive government data as Open Government Data (OGD). This "open by default" approach represents a significant shift towards greater openness and practical reuse of software and data.

Implementing EMBAG is expected to serve as a model for other countries considering similar measures. It aims to promote digital sovereignty and foster innovation and collaboration within the public sector. The Swiss Federal Statistical Office (BFS) is leading the implementation, though the organisational and financial details of the OSS releases still need to be clarified.