The FSFE calls for Free Software as the model for digital public services
In its feedback regarding the review of the European Interoperability Framework, the FSFE is calling for Free Software and Open Standards to be the default when procuring and creating interoperable digital public services.
Digital public services are becoming an increasingly important component of our daily lives, with around 85% of services available digitally for both businesses and citizens according to data from the European Commission. Transparency and control over these processes have become more important than ever for citizens and public administrations alike. The European Interoperability Framework (EIF) has been setting the guidelines for providing digital services since its creation. Under the Interoperable Europe Act, the EIF’s role has been strengthened. It needs to be taken into account when introducing new digital public services, substantially updating existing ones, and when developing new regulations and guidance.
The status quo and next steps
For the EIF currently in force, the Free Software Foundation Europe's contributions helped establish a model of "active and fair consideration" of Free Software solutions and the recommendation to contribute changes upstream whenever possible, contributing to level the playing field for Free Software solutions. Nevertheless, shortcomings such as deeming so-called "fair, reasonable, and non-discriminatory" (F/RAND) terms an appropriate licensing model, negatively impact the creation and deployment of Free Software solutions.
Nine years later, a revision of the current EIF is underway. Members of the Interoperable Europe Board and respondents to the call for evidence have raised concerns regarding control over public administrations' services and data and gaps between guidance and concrete implementation.
“Today, public administrations are more concerned than ever about their digital autonomy – as we saw recently in the European Commission’s Tech Sovereignty Package. Free Software and Open Standards are prerequisites for technological sovereignty and need to be in the spotlight of the upcoming EIF. The involvement of civil society actors in the process and secure long-term funding for the Free Software ecosystem are key for the success of the Interoperable Europe Act and digital public services.” – explains Sofía Aritz, Policy Consultant.
In its position, the FSFE addresses these problems by calling for, among other measures:
- Shifting to a "Free Software by default" model: Free Software is a prerequisite for technological sovereignty due to the controllability and transparency that it provides, while also playing a fundamental role in reusability and cross-border collaboration. Free Software needs to become the default model for creating, implementing, and customising digital public services, in accordance with the principles of "Public Money? Public Code!"
- Requiring Open Standards in digital public services: Open Standards that are implementable in Free Software are crucial to the development of a thriving market for interoperable digital public services.
- Developing guidance for Free Software procurement: Creating and promoting guidelines and training tailored to procurement professionals on Free Software procurement and the detection of openwashing.
Free Software and the Interoperable Europe Act
The European Interoperability Framework provides recommendations for legal, organisational, semantic and technical interoperability, first created in 2004. Since the adoption of the Interoperable Europe Act, it is going to be developed by the Interoperable Europe Board. This new legislative framework and new digital challenges have raised the need of reviewing the current EIF, which was last updated in 2017.
The FSFE considers that the Interoperable Europe Board should seize this opportunity and use the EIF as a practical reference for the rest of Interoperable Europe instruments. The FSFE is calling for the inclusion of additional criteria to existing guidelines and the "Interoperable Europe solution" label. Such criteria needs to take into account whether proposed solutions are Free Software, make use of Open Standards, implement them adequately, and follow a collaboration-first model.
The FSFE has called for the development of legal and financial instruments that secure long-term funding for Free Software solutions while reducing fragmentation between existing Union funding programmes, European Digital Infrastructure Consortia (EDICs), and other cross-border initiatives.
The inclusion of civil society into the wider Interoperable Europe governance, especially the Interoperable Europe Board and the "Interoperable Europe solution" process, remains fundamental to the implementation of the Interoperable Europe Act and the fostering of a market of interoperability solutions. The FSFE will closely follow the next steps towards the new EIF, sharing upcoming developments with our community.