1. OGD Handbook
  2. Prepare

Choosing terms of use

As explained in the “Preliminary legal checks” section, there is normally a legal framework setting out the conditions under which a dataset from the public administration can be used. Laws and ordinances are often difficult for users of the data to understand. The large number of laws also means it is far from simple to maintain an overview.

For this reason, “terms of use” are displayed for every dataset on opendata.swiss. Using a small number of symbols and sentences, these explain what a dataset can be used for. They translate the applicable legal framework into a standardized language that users can understand. As an authority publishing data, you must therefore select a set of terms of use that correctly reflects your legal framework before publishing your data on opendata.swiss.

You can find an overview of the terms of use permitted on opendata.swiss here. Based on the results of the preliminary legal check you can now simply select the right terms of use.

Result of preliminary legal check Terms of use
The dataset may be published on opendata.swiss without restrictions on use. Open use.
The dataset may be published on opendata.swiss but the source must be indicated. Open use. Must provide the source.
Special case: you have answered “yes” to all the questions in the diagram up to the question regarding commercial use or the one regarding citing the source (see explanation below). Open use. Use for commercial purposes requires permission of the data owner.


Or

Open use. Must provide the source. Use for commercial purposes requires permission of the data owner.
Not OGD Publication on opendata.swiss is not permitted.

The special case: if your legal framework does not permit commercial use, you cannot currently publish your data on opendata.swiss. If commercial use is permitted in principle but permission is required, this corresponds to the special case. If you subsequently publish the data on opendata.swiss, you should decide in advance that you will normally permit commercial use. Data subject to more restrictive conditions are not published on opendata.swiss.

You will need your terms of use and the link to the legal framework later for the catalogue metadata on opendata.swiss.

Further details of legal issues related to OGD are contained in the concept Legal framework for the publication of data as open government data (OGD).