What is the Online Access Act?
Article
The Online Access Act (Onlinezugangsgesetz, OZG) legally obligates the public administration in Germany to provide most of its services digitally by the end of 2022. The law came into effect in 2017 and has ushered in a new era of federal cooperation.
Digital technology to strengthen public administration
The outline for this large-scale digital project is the OZG Implementation Catalogue, which covers hundreds of administrative services and benefits. Due to the agile and dynamic nature of the OZG implementation, the total number of OZG services is not static and continues to increase. These services are assessed according to their digital compatibility or digital potential. and are then grouped by category and further divided according to the respective requirement. Arranging administrative services and benefits by topic offers users an easier approach compared to listing them by their affiliation to governmental agencies, which was previously the case.
The actual work of making the services available online is divided in two programs among the participants: the relevant federal ministries are responsible for developing and introducing a digital version of services offered at the federal level ("Digitalisierungsprogramm Bund"). These ministries also work with individual federal states and local governments on services and benefits provided as a shared responsibility ("Digitalisierungsprogramm Föderal"). For the further distribution federalism is advantageous: based on the idea of "one for all", experts develop digital solutions for the various areas in one of the federal states that, in the next step, all federal states will be able to use. By mandating such cooperation between agencies and multiple levels of government, the Online Access Act has ushered in the future of public administration.
A focus on user-friendliness
The Online Access Act makes public administration more accessible: user-friendly digital forms and documents make it easier to find and apply for government services and benefits. Public administration employees also benefit, as the Act facilitates their work: resources previously needed for processing applications can be devoted to providing advice and services.
Implementing the Act involves two key tasks: first, all services and benefits offered at federal, state and local level are to be accessible online via their own portals; and second, all these portals are to be linked within a portal network. With a digital account, users will be able to reach all federal, state and local services from this network in only three mouse clicks. To ensure this ease of function, the development and implementation of uniform IT standards and interfaces is necessary
All levels of government work together towards the same goal
Germany’s public administration is reliable, but does need to modernize its digital technology, to benefit both the public and the administration itself. This is a complex endeavour given Germany’s federal system of government: competences are divided between the federal government and the federal state governments and each federal state is authorized to pass its own laws. Federalism supports the diversity and autonomy of the federal states, but it also leads to duplication in laws, services and internet portals. Furthermore, state and local governments often lack the necessary resources to undertake major digital technology projects on their own.
Upgrading and standardizing digital solutions for public administration in Germany can succeed only if the federal government, the 16 federal states and more than 11,000 local governments come together. They must work collaboratively across boundaries of the different levels of government and between ministries.
The Federal Ministry of the Interior and Community (BMI) oversees this digital "building site", where all federal ministries as well as state and local governments work diligently alongside organizations, administration employees, service providers and end users. All interest groups are represented. Through these efforts, the BMI guarantees that the public administration of the future will meet the needs of the public, and not vice versa.
The central body responsible for coordination within this large-scale project is the IT Planning Council, which oversees two projects in the implementation of the Act: the program for developing digital versions of state and local services and benefits and implementing them online ("Digitalisierungsprogramm Föderal") and the network of administration portals at federal, state and local level. The national associations of local authorities are members of the IT Planning Council and represent the concerns of the local governments.
The Council formed a body for federal IT cooperation known as FITKO to draw up and carry out an optimal IT strategy and architecture for all levels of government. FITKO brings together the relevant interest groups, develops joint solutions and ensures transparency. FITKO is underwritten by the federal government and the federal states.
Perspective: Online Access Amendment Act
In the coalition agreement, the German government set itself the goal of making public administration more agile and digital. This is crucial to overcoming the shortage of skilled workers, guaranteeing the state's ability to act, promoting innovation and strengthening Germany's competitiveness. In addition, the digitalisation of public administration should make life easier for citizens in Germany.
The Online Access Act (OZG) provides the legal framework for this undertaking and is the central lever for realizing the digitalisation of the public administrative. The recently passed Online Access Amendment Act (OZG Änderungsgesetz) creates the legal framework for the continued expansion of administrative digitalisation. The implementation of the OZG, i.e., the creation of a nationwide offer of digital services, is a joint task of the federal, state and local governments. The responsibilities are clearly defined by the digitalisation programs of the federal and state governments.
A central point of the proposed legislation is the end-to-end digitalisation of essential administrative services. In the future, administrative procedures are to be handled completely digitally, from the application to the processing and delivery of notices. In 2023 and 2024, the federal, state and local governments will focus on nationwide, end-to-end digitalisation of 16 frequently used services in order to make things noticeably easier for citizens and companies. One of these priority services, the "energy allowance for students", was already implemented across the country in March 2023. Therefore, only 15 priority services are often referenced. By 2024 at the latest, it will be possible, for example, to apply digitally for a vehicle or driver's license, change of registration, marriage, a building permit and parental allowance throughout Germany.
A digital citizen account and less paperwork
Moreover, the federal government is providing basic services, such as the digital citizen account "BundID". The BundID enables citizens to identify and authenticate themselves via the online ID function of their ID card (Online-Ausweisfunktion des Personalausweises). Citizens can also use it to communicate digitally with public organisations via the central mailbox.
Furthermore, endless paperwork will finally be discontinued through the legal anchoring of the Once-Only principle. This means that supporting documents for an application can be retrieved electronically from the relevant authorities and registers with the consent of the applicant.
In addition, the amendment provides for the "abolition of the written form" through digital forms of request. In the future, all services can be applied for digitally in a legally compliant, simple and uniform manner using the online ID card function. Manual signatures are no longer required.
For companies the mandatory use of the organization account is of high relevance. All public bodies are obliged to offer their digital administrative services in the portal network. This enables companies to submit all applications via their central organization account in the future.
With digital application becoming more and more standard for companies, administrative services for companies will be offered entirely electronically after a period of 5 years at the latest.
Federal, state and local governments in dialogue
OZG implementation can only succeed through close cooperation between the federal, state and local governments. The states and associations were strongly involved in the legislative process, through dialogs and hearings. This ensured a broad spectrum of perspectives and concerns were considered.
The experiences from the implementation of the OZG to date show that the needs and requirements of citizens, companies and technologies are evolving rapidly. For this reason, the digitalisation of administration is an ongoing and generational task for the federal government, the states and local authorities.
With the Online Access Act, the German government seeks to further remove barriers to digitalisation and strengthen Germany’s international competitiveness.
The European dimension
The Online Access Act also includes the implemention of the EU Regulation Establishing a Single Digital Gateway (2018/1724). Using the same structures to implement the Online Access Act and the requirements of the EU regulation creates valuable synergies and savings for the federal, state and local governments.
Digital transformation of the European internal market is crucial for promoting innovation, growth and jobs in the EU. This is why the European Parliament and European Council decided that existing European portals, websites, networks, services and systems should be expanded, integrated and linked with the different national solutions, thereby creating a single point of entry to the EU public administrations. The EU portal "Your Europe" will be completely modernized and expanded within the next five years to provide a common user interface for public services offered by all the EU member states.
The Regulation intends to reduce administrative burdens for individuals and companies to make it easier for them to participate in the EU’s internal market. Making information, online procedures and assistance services available in all the official EU languages will reduce barriers for users and facilitate their access to the internal market. The Online Access Act and the Single Digital Gateway Regulation go hand in hand.