Swiss National Library NL
e-Helvetica Deposit

General Terms and Conditions (GTCs) of the Swiss National Library for Collecting, Archiving and Providing Access to Online Publications

Version dated: July 2023

1. Subject matter

¹ Under the terms of the National Library Act (NLibA, Art. 2; SR 432.21), the Swiss National Library’s mandate is to collect, list and preserve information related to Switzerland (“Helvetica”), either in printed form or on other information storage media, and to make it available to the public. Online publications such as e-books form part of this information.

² The term “Helvetica” covers publications that appear in Switzerland, relate to Switzerland or people who are Swiss citizens or resident in Switzerland, or are created, either wholly or in part, by authors who are Swiss or linked to Switzerland.

³ Online publications are publications that are digitally born or are published digitally in parallel with other forms of publication. They must be published on the internet. They may also be published independently by their originator. Persons that submit online publications to the Swiss National Library for which they hold the requisite rights are referred to hereinafter as the “Publisher”.

⁴ The Swiss National Library makes available the technical tools necessary for submitting online publications and recording the metadata.

⁵ The Publisher supplies its online publications to the Swiss National Library free of charge. In so doing, the Publisher contributes to the fulfilment of the National Library’s statutory mandate, for which the latter is duly grateful.

⁶ The Swiss National Library collects the online publications submitted, lists them in its catalogues and ensures that they are preserved and made available.

⁷ Selection of the online publications for integration into the digital collection is the responsibility of the Swiss National Library. It has the right to refuse an online publication without giving reasons.

2. Grant of rights

¹ The Publisher hereby authorises the Swiss National Library, without payment, to process and publicly describe the metadata of the online publications in its catalogues in accordance with the National Library cataloguing principles and make such metadata researchable. During cataloguing, the Swiss National Library allocates an unambiguous identifier to each online publication in the respective customary format (currently a URN, Uniform Resource Name).

² The Publisher hereby authorises the Swiss National Library, without payment, to make the online publications accessible to its users free of charge. The Publisher may choose between two access categories:

• Category 1: No restrictions on access (the online publication is freely accessible in its entirety on the internet)
• Category 2: Access only on the premises of the Swiss National Library (no reproductions permitted; the Swiss National Library is however not obliged to prevent or monitor photographing of the screen using private devices)

³ The Publisher hereby authorises the Swiss National Library to engage in any copyright use with regard to the online publications submitted that is required for the fulfilment of the National Library’s tasks, without payment and without restrictions of time or place, and specifically authorises the National Library to produce archive copies thereof either in whole or in part (in particular for the purpose of migration or other preservation measures) or to make the online publications accessible internally to its staff in any form and allow such staff to edit and make reproductions thereof.

⁴ The files of the online publications submitted become the property of the Swiss National Library.

⁵ Pursuant to Art. 112 para. 2 of the Swiss Code of Obligations (SR 220), the Swiss National Library has the right to compel performance of the rights transferred to it.

3. Exclusion of liability

¹ The Swiss National Library assumes no liability for infringements of intellectual property rights, personal rights or other rights of the originators of the online publications, the Publisher or third parties resulting from the use of online publications by users or other third parties.

² Specific details are governed by the “Regulations on the Use of the Swiss National Library”. The National Library requires users to comply with the Regulations, but is not liable for breaches of the Regulations by users or third parties.

³ The Swiss National Library offers no warranty as to the status of the archived online publications, specifically the preservation and availability thereof. The choice of which online publications are collected, listed, preserved and made available is at the discretion of the National Library.

4. Data protection

¹ The Publisher hereby accepts that, with a view to the submission of online publications to the Swiss National Library, personal data, e.g. name, address, telephone number and e-mail address, are stored and processed, and that such data may be linked to the media submitted. This is done for operational, statistical and technical purposes and for the protection of intellectual property.

² Access to the services of the Swiss National Library is recorded in log files solely for statistical purposes. It is not evaluated with respect to individuals.

5. Period of validity of the GTCs; amendments

¹ The GTCs as published in German in electronic form on e-Helvetica Deposit are the sole legally binding version.

² The Swiss National Library disposes of the rights to the online publications granted to it under these GTCs from the time at which the Publisher accepts the GTCs by approving them electronically.

³ The rights to the online publications under these GTCs are granted to the Swiss National Library for an unspecified period. If the registration of a Publisher is deleted, the National Library retains the rights to online publications submitted to it prior to such deletion for an unlimited period.

⁴ The Swiss National Library reserves the right to amend these GTCs at any time. The corresponding new version will be published on e-Helvetica Deposit in due time before it enters into force. The current GTCs are deemed to be approved if the Publisher logs in and accepts the GTCs by approving them electronically.

⁵ If a Publisher explicitly objects within 30 days following the publication of the amendment notification, its registration will be deleted for future submissions of online publications. In the absence of any objection, the amendments are deemed to have been accepted.

6. Miscellaneous provisions

¹ No amendment to the contractual relationship between the Publisher and the Swiss National Library arising out of these GTCs will be valid unless in writing.

² These GTCs are governed by and construed in accordance with Swiss law.

³ The place of jurisdiction and performance is Bern.