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3.1. Introduction and legislative context

Article 69(1) defines the obligation, for public administrations that own software designed to the specifications of the public client, ‘to make the relevant source code available, complete with documentation and released in a public repository under an open licence, free of charge for other public administrations or legal entities that intend to adapt it to their own requirements’.

The new wording of Article 69(2) and (2a), below, stresses the aim of encouraging reuse by taking steps to ensure that ‘the awarding administration shall always hold all rights to the programs and services of the information and communication technologies specifically developed for it’, ‘unless this is excessively onerous for proven technical and economic reasons’ and that ‘the source code, the documentation and the relative functional technical description of all the IT solutions. . . are published through one or more platforms identified by AgID with its own guidelines to be adopted pursuant to Article 71’.