REGULATIONS FOR USE OF THE CERTIFIED OPEN COLLECTIVE MARK.

[In this document, any reference to gender covers both men and women]

Certified Open Limited (hereinafter referred to as “CO Ltd”), a not for profit private company limited by guarantee, has its Registered Office at Claremont House, 1 Blunt Road, South Croydon, CR2 7PA UK. CO Limited which is jointly managed by OpenForum Europe (OFE) and the Free Software Foundation Europe (FSFE) owns the Certified Open brand, logo and trademark. CO Limited is a legal person governed by public law (Article 64(1) CTMR). All IPR contained in Certified Open is made available under either GPL, Creative Commons or equivalent licence. Certified Open was originally developed under the auspices of the Open Source Academy (OSA), part of e-Innovations Programme of the Office of the Deputy Prime Minister of the United Kingdom (ODPM) as well as under the EC e-TEN programme.

1.0 Objects

The object for which the company is established is to facilitate open competitive choice within Information Communication Technology (ICT) procurement decisions in both public and private sectors in Europe and elsewhere.

Specifically it has further objects as follows:

1. to ensure the effective removal of constraints in terms of the openness of ICT solutions and the creation of freedom in infrastructure decisions through the removal of factors affecting supplier lock-in for all organisations operating within the ICT supply chain, including the purchasers at the end of the chain;

2. to promote and assist a self-assessment methodology to enable organisations to evaluate product openness of hardware and software products and applications development;

3. to promote and assist a self-assessment methodology to enable organisations to evaluate product openness of ICT products and related services;

4. to provide a level of certification on product and service openness based on the self assessment methodology. The level of certification being determined by an overall scoring system and categorised into GOLD, SILVER and BRONZE;

5. to provide a members of organisations with an e-portfolio of open skills (the Certified Open SkillsTracker) so that they can demonstrate their skills in all matters relating to product and service openness;

6. to provide a definition of ethical behaviour (Certified Open Code of Practice) that determines the way in which members will practice relating to all things connected with product openness;

7. to impose penalties for non compliance to the Certified Open Code of Practice.

2.0 Programme Structure

Certified Open ensures the effective removal of constraints in terms of the openness of ICT solutions by the operation of:

• The "Certified Open Products and Services Programme” that verifies that both the

  products or the services created by an organisation are "certified open";

• The "Certified Open Skills Programme” that assesses an individual's

  competence against an industry agreed competency framework

There are 2 operable frameworks:

• The Certified Open Products & Services Framework – that defines the characteristics that products & services must achieve if they are to be seen as fully open;

• The Certified Open Competency Framework – that defines the skills that ICT Professionals should have in order to be proficient in the development and delivery of open solutions.

3.0 Products & Services

The Certified Open programme for Products and Services uses a self-assessment methodology; it enables organisations to evaluate the openness of core hardware and software, a generic application product, or a bespoke application development based on a framework that has been certified by the applicant as demonstrating openness.

Each product or service is evaluated and given an appropriate gold/silver/bronze certificate.

4.0 Skills

Skills management is managed by the Certified Open SkillsTracker – a web-based skills assessment tool that maintains an e-portfolio of the skills of a registered CO professional.

5.0 Conditions of use of the mark

All members of CO Limited are entitled to use the mark. Use of the mark must be in accordance with the evaluation and certificate outlined in Section 3.0. Use of the mark contrary to these regulations may result imposition of the sanctions outlined in the regulatory and appeals procedure hearing.

6.0 Members

In the case of the CO Products and Services Programme, members will be the organisation that has implemented the product or service. In the case of the CO Skills Programme, members will be individuals. There is no limitation on the number of members within a company that may be registered. Members must follow the prescribed application procedure, make payment of the annual participation fees determined by CO Limited and abide by the Certified Open code of conduct and appeals process.

The company is governed by a Board of Directors, the maximum number of which is twelve and in accordance with Table C schedule 1 Companies Act 1948.

7.0 Records

Records are kept by CO Limited containing the names of all members and showing the dates when they were admitted to membership with such other particulars as the Certified Open Council may have determined. The Register of Members is available through the registered office of CO Limited at the above address and the applicant will on request, and subject to the Data Protection Act 1998, be advised on a Member’s category of membership. This information is freely available on request in normal working hours.

8.0 Regulatory Procedure

The Regulatory procedure of the Certified Open programme is managed by the CO Ltd advised by the Certified Open Council,the members of which comprise nominees of OFE and FSFE .

In the Certified Open programme there are severe sanctions imposed if an assessor – within either the products and services or the skills programmes – is found to have been inaccurate in the statements they have made.

These sanctions involve:-

• With immediate effect, all certifications of products, services and skills produced by the offending company will be withdrawn;

• The company will be required to re-certify products and services through witnessed assessment processes only for a period of one year;

• Witnessed certifications may only be performed by accredited third parties.

8.1 Appeals Process

• In the first instance, any individual or organisation will be able to appeal to the programme administrators (The Council acting through a review panel) for a review of any claim that either a product or service fails to achieve the certified open status it claims or that an individual does not possess the skills they claim.

• In the first instance, the Review Panel will determine if the basis of the complaint has merit; if it does it will be initially investigated at no cost to either party.

• If the conclusion is that there is little merit in the complaint the complainant will be advised and may, at their option, request that the complaint is fully investigated. The complainant will pay a deposit of such sum as the Council may from time to time determine to cover the costs of the investigation.

• Where a complaint is taken forward – whether or not on the basis of a deposit – the Review Panel will:-

• Make the details of the complaint visible to the individual or organisation about which the complaint is lodged;

• Require a comprehensive response from the organisation/ individual within 10 working days – subject to an extension if it would not be unreasonable;

• Make a decision based on the merits of the two arguments and make both parties aware of that decision.

• In the event that either party wishes to appeal against the decision of the Review Panel, a further deposit of such sum as the Council may from time to time determine will be required to be made by the party appealing the decision.

• The appeal will be heard by the appeals sub-committee of the Certified Open Council and their decision will be final. The sub-committee may require attendance at the review and may call for additional evidence from both sides in order to reach its conclusion.

• Any monies paid on deposit will be dealt with as follows:-

• 50% to the body to whom the decision was awarded;

• 50% retained by CO Ltd to cover administrative costs.

The damages outlined in this clause will be the only payments made to either party, by either party, unless otherwise agreed

• The website will maintain an alert system so that anyone may indicate a cause for concern and the basis of that concern; this will enable all organisations participating in the programme to have an “early warning system” of any potential infringements or upcoming issues.

8.2 Code of Conduct

All participants within the Certified Open Programme agree to abide by the Code of Conduct that

defines the way in which member companies and individuals will relate to both their employers and their clients.

• With respect to clients and other organisations – members shall, in respect of any claims they make in relation to openness:-

• Act with integrity, honesty and professionalism;

• Be proactive and supportive in relations with others;

• Demonstrate fairness, sympathy and integrity with others;

• Take all appropriate actions in relation to timeliness, correctness, and quality of service;

• Take all appropriate actions to accommodate and adhere to budgetary requirements;

• Not make any public statements, in a professional capacity, unless appropriately qualified and suitably authorised;

• Seek to adopt the most relevant methods and provide the best advice regardless of commercial benefit to themselves or any other party/organisation which may assume a vested interest;

• At all times declare any interest in any commercial or professional situation where this interest may have a bearing on any outcome and be detrimental to the business of their employer or client.

• With respect to legal and legislative constraints – members shall, in respect of any claims they make in relation to openness:-

• At all times act within the law and not knowingly support, encourage or collude with any other party (person, persons or organisation) which may be acting unlawfully, unprofessionally or unethically;

• Have knowledge of, and adhere to any legislation, standards or regulations which may be pertinent at any time.

• With respect to an individual’s professional status – members shall, in respect of any claims they make in relation to openness:-

• avoid any activity or conduct which may jeopardise the good reputation of their profession;

• demonstrate honesty, diligence and appropriate behaviours in the context of their professional situation;

• seek continual improvements in their professional performance through the updating and refreshing of skills and knowledge to reflect changes in the technology and the services they offer;

• not provide false or exaggerated representation of their abilities, status, qualification or any other attribute which could have relevance in a professional context.

• With respect to co-operation with Certified Open Ltd – members shall agree to abide by the Appeals process, to co-operate with it in any investigation, and to abide by its decisions. In addition, members will be expected to abide by the Operating Principles contained within this document.