TL;DR
A new European framework, SecNumCloud, introduces a 24% ownership cap to ensure legal sovereignty over AI and cloud services. This impacts providers and users operating within the EU, emphasizing control and jurisdiction. The certification combines security practices with legal sovereignty, but many US-based providers adapt control structures to meet the rule.
European cybersecurity agency ANSSI has introduced a new ownership threshold for providers seeking SecNumCloud qualification, limiting foreign ownership to 24%. This rule aims to ensure legal sovereignty over data and services, directly impacting US and non-EU providers operating in France and the broader EU. The development marks a shift towards prioritizing control and jurisdiction in cloud and AI regulations, making ownership structure a critical compliance factor for providers targeting EU markets.
The SecNumCloud qualification, issued by France’s national cybersecurity agency ANSSI, now includes a strict ownership cap of 24% for foreign entities. This requirement is part of a broader set of legal sovereignty measures, including EU data storage mandates and audited key custody, designed to prevent non-EU law from compelling access to data. As of mid-2026, roughly ten providers, such as OVHcloud and 3DS Outscale, have achieved this qualification, with more in the pipeline.
Unlike typical security certifications like ISO 27001 or BSI C5, which verify operational security practices, SecNumCloud directly tests ownership and control, making it a unique legal sovereignty standard. It is not an optional certification but a mandatory requirement for hosting sensitive French public-sector data and potentially for critical infrastructure operators under new EU directives.
US tech giants such as AWS and Microsoft are adapting control structures—like joint ventures and control arrangements—to meet the 24% ownership rule. For example, AWS’s Sovereign Cloud, launched in January 2026, operates within the EU but remains subject to US law, illustrating the complex balance between sovereignty and legal jurisdiction.
Implications of the 24% Ownership Cap for Cloud Providers
The 24% ownership rule fundamentally alters how cloud and AI providers structure their control and ownership in the EU, especially for non-EU companies. It emphasizes legal sovereignty over operational security, potentially excluding US-based firms from direct control unless they create compliant control arrangements. This shift could reshape market dynamics, favoring local or EU-based providers and increasing compliance costs for foreign companies.
For European public sector and critical infrastructure, the rule enhances data sovereignty and reduces risks of extraterritorial legal interference. However, it also raises questions about the practical enforceability and how existing providers will adapt, especially those with complex ownership structures or US parent companies.
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Background on European Sovereignty Standards and Control Measures
The SecNumCloud framework was launched by ANSSI in 2016, evolving into a key legal sovereignty standard with version 3.2 now in effect. It mandates EU data residency, audited key custody, and immunity from non-EU extraterritorial laws, such as the CLOUD Act. The rule’s core—limiting foreign ownership to 24%—was introduced to prevent foreign legal systems from compelling access to data stored within the EU.
Historically, certifications like ISO 27001 and BSI C5 have focused on operational security, not jurisdiction. The new sovereignty rule distinguishes itself by directly testing ownership and control structures, making it a unique compliance challenge for international providers. The regulation aligns with broader EU efforts to enhance data control amid geopolitical tensions and increasing cyber threats.
“SecNumCloud now includes ownership controls to ensure that data sovereignty is maintained within the EU, with strict limits on foreign influence.”
— ANSSI spokesperson
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Unresolved Questions About Implementation and Enforcement
It is still unclear how strictly the 24% ownership limit will be enforced across different provider structures, especially for existing companies with complex ownership. The practical mechanisms for verifying compliance, such as audit procedures or legal scrutiny, remain under development. Additionally, how non-EU providers will adapt—whether through joint ventures, control arrangements, or other legal structures—is still evolving and may vary by jurisdiction.
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Next Steps for Providers and Regulators in Sovereignty Compliance
Regulators are expected to clarify enforcement procedures and develop standardized audit protocols for sovereignty compliance, including ownership verification methods. Providers will likely need to review and adjust their ownership and control structures to meet the 24% cap. The upcoming years will see increased adoption of sovereignty standards, with more providers pursuing SecNumCloud qualification or similar controls across the EU, especially as the regulation becomes mandatory for critical sectors.
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Key Questions
What exactly is the 24% ownership rule?
The 24% ownership rule limits foreign ownership of cloud and AI providers seeking SecNumCloud qualification to 24% individually, or 39% collectively, to ensure legal sovereignty within the EU.
Does this mean US companies cannot operate in the EU?
US companies can operate if they restructure ownership or control to meet the 24% limit, such as through joint ventures or control arrangements. However, outright ownership above this threshold could disqualify them from sovereignty certification.
Will all providers need to comply with this rule?
Compliance is mandatory for providers hosting sensitive public-sector data and critical infrastructure in France under the Cloud au Centre doctrine, and likely in other EU jurisdictions adopting similar standards.
How does ownership control relate to security certifications like ISO 27001?
Security certifications verify operational practices; the sovereignty rule specifically tests ownership and control structures, making it a distinct and more stringent requirement focused on legal jurisdiction.
What happens if a provider exceeds the ownership limit?
Exceeding the limit could result in losing SecNumCloud qualification, restricting access to certain government and critical infrastructure contracts, and possibly facing legal or regulatory penalties.
Source: ThorstenMeyerAI.com
