The Data Prism in Regulating Closed-Source Software in Public Administration: the Case of the AIPowered Translation Software DeepL in the Swiss Federal Administration

ABSTRACT This article explores the legal implications of deploying AI-powered translation software in multilingual public administrations, focusing on the case of DeepL in the Swiss federal administration. It examines the contractual, regulatory, and data protection frameworks shaping this deployment. The study reveals how legal oversight remains partial, privileging data concerns over broader administrative law principles.

KEYWORDS Software - Public administration - Multilingual state - Technology - AI-powered translation tool - Swiss federal administration

TABLE OF CONTENTS 1. Introduction. – 2. Translation software at the convergence of uses of languages and software in public administration. – 2.1. Translation component in linguistic diversity. – 2.2. Software as a means for pursuing administrative tasks. – 2.3. AI-powered translation software as a solution for multilingual administrative tasks. – 3. The Swiss context regarding translation and digitalisation in public administration. – 3.1. Legal obligations related to the use of languages in the federal administration. – 3.2. The emergence of legal issues regarding the deployment and use of software in the Swiss federal administration. – 4. The case of deployment and use of DeepL in the Swiss federal public administration. – 4.1. Translating with DeepL in an unregulated administrative context. – 4.2. Acquiring DeepL for the public and administrative authorities. – 4.3. Regulating the use of DeepL in the context of generative AI tools. – 5. Conclusion