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TL;DR
The 24% ownership rule in France’s SecNumCloud framework is reshaping how AI providers are viewed regarding sovereignty. It emphasizes ownership control over traditional security certifications, impacting provider strategies and perceptions.
The 24% ownership rule in France’s SecNumCloud framework is transforming how AI and cloud providers are evaluated for sovereignty, emphasizing ownership control over traditional security certifications. This rule is causing providers to alter control structures to meet sovereignty criteria, impacting the perception of compliance and sovereignty in European cloud services.
SecNumCloud, created by France’s ANSSI, introduces a unique sovereignty test based on a simple arithmetic cap: 24% of voting rights held by non-EU companies. This ownership threshold is designed to ensure that control remains within European jurisdiction, providing a clear legal sovereignty indicator. As of mid-2026, roughly ten providers, including OVHcloud and Scaleway, have obtained active qualifications, with others in the pipeline.
Unlike traditional certifications like ISO 27001 or BSI C5, which focus on security practices, SecNumCloud’s ownership rule directly addresses legal sovereignty. It mandates EU domicile, EU-only data storage, and immunity from non-EU extraterritorial law, with the 24% ownership cap being the critical measure of control. This makes it a practical, arithmetic-based test, distinct from policy or control-based certifications.
Major US-based cloud providers, such as AWS, cannot qualify directly under SecNumCloud due to their ownership structures. Instead, they are creating control arrangements—such as joint ventures or control by European entities—to meet the ownership threshold, exemplified by partnerships like Thales–Google S3NS and Capgemini–Orange Bleu. These arrangements are designed explicitly to comply with the sovereignty rule while maintaining operational control.
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.
Why the 24% Ownership Cap Reshapes Sovereignty Perceptions
The 24% ownership rule fundamentally shifts how sovereignty is understood in European cloud and AI services. It moves the focus from security practices alone to ownership and control, which are now seen as essential for legal sovereignty. This impacts not only provider strategies but also procurement decisions, as organizations seek to ensure their data remains under European control and immune from non-EU laws.
For vendors, the rule acts as a clear, measurable threshold, providing transparency and enforceability. For regulators and clients, it offers a concrete indicator of sovereignty, influencing procurement and compliance strategies. The rule’s strict arithmetic nature makes sovereignty a checkable, verifiable condition, potentially setting a global standard for sovereignty assessments.
European cloud sovereignty certification
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Background on Sovereignty Certification and Control Measures
France’s SecNumCloud was introduced in 2016 to establish a government-backed qualification for cloud providers handling sensitive data. Unlike traditional security certifications, it emphasizes legal sovereignty through controls like EU data residency, legal jurisdiction, and immunity from extraterritorial laws. The key feature is the ownership cap: 24% of voting rights held by non-EU entities.
This rule emerged amid increasing concerns about data sovereignty and extraterritorial legal risks, especially from US-based providers subject to laws like the CLOUD Act. It aims to ensure that control remains within the EU, providing a practical measure of sovereignty that complements existing security standards.
Major providers have responded by restructuring ownership or control arrangements to meet the 24% threshold, often through joint ventures or controlling entities based in Europe. This approach reflects a shift from purely technical compliance to legal and ownership control as the core sovereignty criterion.
“The 24% ownership rule is a practical, arithmetic-based test that makes sovereignty verifiable and enforceable, moving beyond traditional security certifications.”
— Thorsten Meyer
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Uncertainties Surrounding Implementation and Global Impact
It remains unclear how widely the ownership rule will influence non-French or broader European cloud markets, especially outside France. The effectiveness of control arrangements to meet the 24% cap without compromising operational flexibility is still being tested. Additionally, the long-term impact on US-based providers and their strategies for European markets is uncertain, as legal and regulatory responses evolve.
Further, the extent to which other European countries might adopt similar sovereignty measures based on ownership thresholds remains unknown, as does the potential for legal challenges or reinterpretations of the rule.
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Next Steps in Sovereignty Certification and Market Adaptation
Providers are expected to continue restructuring ownership and control models to meet the 24% threshold, with several more candidates pursuing SecNumCloud qualifications. Regulatory bodies may refine or expand the rule’s application, particularly for critical infrastructure and public sector data.
Monitoring how European regulators and clients respond to these ownership-based sovereignty measures will be key. Additionally, legal developments or disputes concerning control and jurisdiction could influence the future shape of sovereignty certification frameworks.
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Key Questions
What is the 24% ownership rule in SecNumCloud?
The 24% ownership rule restricts non-EU voting rights to 24% of a provider’s voting shares, ensuring control remains within European jurisdiction and providing a clear measure of legal sovereignty.
How does the 24% rule differ from traditional security certifications?
Traditional certifications like ISO 27001 focus on security practices, while the 24% ownership rule directly addresses legal control and sovereignty, making it a control-based, arithmetic threshold.
Can US-based cloud providers qualify under SecNumCloud?
Not directly, due to ownership restrictions. They are creating control arrangements—such as joint ventures or control by European entities—to meet the 24% ownership threshold.
What are the implications for providers trying to meet sovereignty requirements?
Providers must restructure ownership or control models to ensure non-EU ownership remains below 24%, often involving complex legal and operational arrangements.
Will other European countries adopt similar sovereignty rules?
This remains uncertain; while France’s model influences policy, broader adoption depends on regulatory developments and regional legal considerations.
Source: ThorstenMeyerAI.com
