Policy Letter on Releasing the Source Code of Government Software

The Dutch government plans to release the source code of government software as part of its digital strategy to enhance accessibility, transparency, and innovation. The “open, unless” policy encourages releasing code unless there are security or confidentiality concerns, with support provided to address legal and practical challenges. Progress on this initiative will be reported in early 2021.

The policy letter from the Dutch government emphasizes the importance of releasing the source code of government software to enhance accessibility, innovation, and collaboration, as outlined in the Netherlands’ Digitalization Strategy and the NLDIGIbeter agenda. It acknowledges the potential social and economic benefits of open-sourcing government-developed software, such as reducing waste, fostering innovation, increasing economic activity, ensuring transparency, and improving information security.

The letter introduces an “open, unless” policy, encouraging government entities to release software source code unless there are compelling reasons not to, such as concerns about national security or confidentiality. While recognizing that releasing existing code requires significant investment, the letter suggests focusing on making new systems open source from the outset. It highlights the importance of carefully assessing costs and benefits in each case.

Additionally, the policy letter addresses the relation to the “Wet markt en overheid,” proposing potential exceptions for open source software to reduce legal uncertainties. With collaborative efforts from the Ministry of Economic Affairs and Climate Policy, measures will be developed to support government bodies in releasing open source code. This includes ensuring clear legal frameworks, understanding societal impacts, and fostering environments for collaboration. The plan is to proceed cautiously, starting small to minimize risks, and assessing the impact of scaling. A progress report is scheduled for early 2021 to further consolidate insights and actions in this innovative approach to government software development.

Kamerbrief over vrijgeven broncode overheidssoftware | Kamerstuk | Rijksoverheid.nl 

kamerbrief-inzake-vrijgeven-broncode-overheidssoftware.pdf .



Last modified June 17, 2025: open,unless kamerbrief PHX-13 (95d3889)