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TL;DR
France’s SecNumCloud framework introduces a unique sovereignty test based on a 24% ownership cap, challenging US and non-EU providers. This development raises questions about legal jurisdiction and data control in European cloud services.
France’s national cybersecurity agency, ANSSI, has introduced a new sovereignty requirement in its SecNumCloud qualification, establishing a 24% ownership cap for non-EU-controlled companies. This rule is designed to ensure legal sovereignty over cloud services hosting sensitive French and European data, directly impacting international providers and their operational structures.
The SecNumCloud qualification, created in 2016 and now at version 3.2, is a government-backed qualification that mandates compliance with strict legal sovereignty standards, including EU data storage, audited key custody, and immunity from non-EU extraterritorial law. The most notable aspect is the ownership cap, which limits individual non-EU control to 24% and collective control to 39%, checked via a cap table.
As of mid-2026, approximately nine providers hold an active SecNumCloud qualification, including OVHcloud, Outscale, and Scaleway. Major US hyperscalers, such as Amazon Web Services, cannot directly qualify unless they restructure ownership controls. Instead, US companies have formed joint ventures with European firms, like Thales-Google and Capgemini-Orange, to circumvent the rule by transferring operational control while maintaining US ownership.
While certifications like BSI C5 and EUCS focus on security controls and legal disclosures, SecNumCloud explicitly enforces legal sovereignty through ownership limits, making it a unique and more restrictive framework. The rule’s arithmetic nature makes compliance transparent and checkable, but also highly complex to achieve.
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 Cloud Providers
This sovereignty rule fundamentally shifts how cloud and AI providers operate within Europe. It emphasizes legal control and ownership structure, potentially excluding major US firms unless they adapt their corporate arrangements. For European public-sector and critical infrastructure data, compliance with SecNumCloud is now mandatory, shaping the future landscape of cloud sovereignty and data governance in Europe.
The rule also raises broader questions about jurisdiction, legal immunity, and the effectiveness of certifications in ensuring sovereignty. As more providers seek to meet these standards, the 24% rule could become a benchmark for sovereignty testing beyond France, influencing European and global cloud policies.
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Background of European Sovereignty Frameworks and the 24% Rule
Since 2016, European countries have developed various cybersecurity standards and certifications, such as Germany’s BSI C5 and France’s SecNumCloud, to address data sovereignty concerns amid increasing geopolitical tensions. SecNumCloud, created by ANSSI, is distinct in its explicit legal sovereignty requirements, including the ownership cap introduced in 2026. This rule complements existing standards but stands out because it is arithmetic and directly tied to legal control, rather than just technical security controls.
Historically, US cloud providers like AWS, Azure, and Google Cloud have operated within European markets but remain subject to US jurisdiction laws, such as the CLOUD Act. To comply with SecNumCloud, these companies have formed joint ventures or restructured control, exemplified by Thales-Google S3NS and Capgemini-Orange Bleu, which transfer operational control to European entities while maintaining US ownership below the 24% threshold.
The development of this rule is part of a broader European push for data sovereignty, especially in sensitive sectors like health, energy, and finance, where legal control over data is crucial.
“SecNumCloud’s ownership limit ensures that control remains within the EU legal framework, safeguarding data from extraterritorial laws.”
— ANSSI spokesperson
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Unresolved Questions About Implementation and Industry Impact
It remains unclear how strictly the 24% ownership rule will be enforced across different providers and whether there will be exceptions or transitional arrangements. The long-term impact on US cloud giants and their European operations is still developing, with some companies restructuring ownership or control to comply.
Additionally, the broader implications for data access, legal jurisdiction, and international cloud governance are still being debated among policymakers, industry players, and legal experts. The effectiveness of the rule in preventing extraterritorial legal reach remains to be seen.
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Next Steps for Cloud Providers and Regulatory Oversight
Moving forward, more providers are expected to seek SecNumCloud qualification by restructuring ownership or control arrangements. Regulatory agencies will likely increase scrutiny of ownership structures and compliance reports. Industry groups and legal experts will continue analyzing the rule’s implications for sovereignty, data access, and international law.
In the coming months, ANSSI may clarify enforcement procedures and potential exceptions, while European policymakers consider extending similar sovereignty tests to other sectors and standards. The evolution of these controls will shape the future of cloud sovereignty in Europe.
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Key Questions
What is the 24% ownership rule in SecNumCloud?
The 24% ownership rule limits the individual ownership stake of non-EU-controlled companies to 24%, aiming to ensure legal sovereignty over cloud services hosting sensitive European data.
How does the rule affect US cloud providers?
US providers cannot qualify directly unless they restructure ownership or control, often forming joint ventures with European firms to stay below the 24% threshold and comply with sovereignty requirements.
Is the 24% rule legally binding?
Yes, it is part of the SecNumCloud qualification issued by ANSSI, which is a government-backed standard that mandates compliance for hosting sensitive French and European data.
Does the rule prevent US law from applying?
No, the ownership cap aims to limit control within EU jurisdiction, but US laws like the CLOUD Act can still apply if US companies retain significant control or ownership.
What happens if a provider exceeds the ownership limit?
They risk losing SecNumCloud qualification, which is mandatory for hosting certain sensitive data in France, and may face restrictions or penalties under national and European regulations.
Source: ThorstenMeyerAI.com
