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TL;DR
The 24% ownership cap in France’s SecNumCloud framework is a key test of AI sovereignty, limiting foreign control over cloud providers. This development questions US tech dominance and highlights legal sovereignty measures in Europe.
French cybersecurity authorities have implemented a new sovereignty test in the SecNumCloud framework, requiring cloud providers to have less than 24% ownership by non-EU companies. This rule directly challenges US tech giants’ ability to control European cloud services, marking a significant step in testing AI sovereignty and jurisdictional independence in Europe.
The SecNumCloud qualification, issued by France’s national cybersecurity agency ANSSI, includes a unique ownership cap of 24%, which limits individual foreign ownership. This arithmetic threshold is designed to ensure legal sovereignty by preventing non-EU control over sensitive cloud services, especially those hosting public-sector or critical infrastructure data.
As of mid-2026, about ten providers, including OVHcloud and Scaleway, have achieved this qualification, with several more in the pipeline. These providers must demonstrate compliance through extensive audits, and the ownership rule is a core criterion, making it exceptionally difficult for US-based firms like Amazon or Microsoft to qualify unless they restructure ownership.
This framework is part of France’s broader push to establish European-controlled cloud infrastructure and reduce dependence on US technology, especially given the legal reach of US laws like the CLOUD Act.
The 24% rule: why most “sovereign cloud” certifications don’t test sovereignty
ISO 27001. SOC 2. BSI C5. Gaia-X. Every badge real, audited, correctly displayed — and not one answers the question that decides the deal: can a foreign government compel your data? Exactly one European framework tests that. It does it with a number.
C5 does cover place of jurisdiction, data location & disclosure obligations. It requires you to declare which law reaches you. C5 tells you the gun is in the room.
Requires that no non-EU law can reach you at all — enforced by the ownership cap. SecNumCloud requires there be no gun. That’s the whole difference.
The proposed Cloud and AI Development Act (COM(2026) 502) would set four Union assurance levels for public procurement. Its own recitals concede the point: Cybersecurity Act certification “is not suited for addressing sovereignty concerns.” National labels won’t be banned — but a SecNumCloud provider would still need separate Article 17 recognition. If it passes, the badge on the vendor’s website stops mattering and the assurance level starts. Meanwhile ANSSI + BSI have jointly committed to common criteria specifying where failure is disqualifying.
Microsoft showed the gap better than any critic: May 2025 — encryption makes access “technically impossible.” One month later — cannot guarantee immunity from US authorities. Thirty days between the marketing and the law. SecNumCloud doesn’t ban American technology — it forces a change of control over it (hence S3NS = Thales+Google, Bleu = Capgemini+Orange on Azure). Is it also protectionism? Partly, yes — and that critique is exactly why EUCS High+ died. Both things are true. Don’t ask if a provider is “sovereign” — the word has been marketed into meaninglessness. Ask the arithmetic: who owns you, and what law reaches you? Then check whether the answer is above or below 24% — including for the European champions nobody has asked.
Implications of the 24% Ownership Cap for US Tech Dominance
The 24% ownership rule represents a tangible effort to limit foreign, particularly US-based, control over European cloud infrastructure. This challenges the dominance of US tech giants in the European market and advances European sovereignty in data governance and AI development. If widely adopted, it could reshape the landscape of cloud services and data security, emphasizing legal jurisdiction and ownership structures over technical certifications alone.
For European governments and industries, this development offers a pathway to greater control over sensitive data and AI applications, aligning with broader regulatory initiatives like NIS2 and the push for data localization. For US firms, it signals increased legal and operational hurdles to participate fully in the European market, possibly accelerating the shift toward local or European-controlled providers.
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Legal Sovereignty and Certification in European Cloud Frameworks
The SecNumCloud scheme, created by France’s ANSSI in 2016, is not a traditional certification but a qualification that explicitly incorporates legal sovereignty measures, including EU domicile, data storage, and immunity from non-EU laws. The ownership cap of 24% is a distinctive arithmetic rule that directly tests control, unlike other standards such as ISO 27001 or BSI C5, which focus on security practices.
US hyperscalers like AWS and Microsoft have historically relied on certifications like C5 or ISO 27001 to demonstrate security, but these do not address jurisdictional control. To qualify under the French sovereignty rules, US firms must either limit their ownership below 24% or restructure ownership through local or European entities. This has led to the emergence of joint ventures and local partnerships, such as Thales–Google S3NS and Capgemini–Orange Bleu, which comply with the ownership cap while maintaining operational control.
“The 24% ownership rule is the most concrete test of legal sovereignty in Europe’s cloud landscape, directly limiting foreign control through arithmetic thresholds.”
— Thorsten Meyer
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Remaining Questions About Implementation and Market Impact
It is still unclear how widely the ownership cap will be adopted by non-French providers and whether other European countries will implement similar measures. The long-term impact on US cloud giants’ ability to operate in Europe depends on how many can restructure ownership or form joint ventures to comply with the 24% rule. Additionally, the extent to which these controls will influence AI sovereignty and data security remains to be seen, especially with evolving legal and technological challenges.
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Next Steps for European Cloud Sovereignty and US Tech Adaptation
Expect further developments as more providers seek SecNumCloud qualification, potentially leading to a broader European standard for sovereignty testing. US firms are likely to continue restructuring ownership or forming local partnerships to meet the 24% cap. Regulatory bodies may also extend similar rules to other critical sectors, shaping the future of cloud and AI sovereignty in Europe. Monitoring these trends will be essential for understanding the evolving landscape of data control and jurisdictional independence.
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Key Questions
What is the 24% ownership rule in France’s SecNumCloud framework?
The 24% ownership rule limits individual foreign ownership in cloud providers to less than 24%, aiming to prevent non-EU control and ensure legal sovereignty over sensitive data.
How does this rule affect US tech giants like AWS and Microsoft?
US firms must restructure ownership or form joint ventures with European entities to comply with the 24% cap, which may limit their control and influence in the European cloud market.
Why is legal sovereignty important in cloud services?
Legal sovereignty ensures that data hosting and control are subject to the laws of the country where the data resides, reducing foreign legal reach and protecting national security interests.
Could other European countries adopt similar sovereignty measures?
While France’s approach is specific, it sets a precedent that other nations may follow, potentially leading to a more fragmented European cloud landscape focused on sovereignty.
What remains uncertain about the 24% rule’s impact?
It is unclear how many US-based providers will successfully restructure ownership, and what the long-term effects on AI development and data security will be in Europe.
Source: ThorstenMeyerAI.com
