USA PATRIOT Act vs SecNumCloud: Which Model for the Future?

On one side, U.S. laws expand data access in the name of national security. On the other hand, French SecNumCloud ensures digital independence for European businesses. Let’s break down the implications of these two models on cybersecurity, compliance, and the protection of critical infrastructure.

Part I - Context and Challenges of Data Sovereignty

Introduction

The USA PATRIOT Act and the French SecNumCloud framework reflect two opposing visions of digital data management. The United States prioritizes national security, with laws allowing extraterritorial access to data stored by American companies. In contrast, France and Europe promote a sovereign and secure approach. Together, they aim to protect sensitive data from foreign interference.

The USA PATRIOT Act: Broad Government Access

The USA PATRIOT Act was passed in 2001 after the September 11 attacks to expand government agencies' powers in surveillance and counterterrorism. In practice, it grants U.S. authorities broad surveillance capabilities, allowing access to data from companies under American jurisdiction, regardless of where it is stored.

The adoption of the CLOUD Act in 2018 further strengthened this authority. It requires American companies to provide data upon request, even if the data is stored on servers located in Europe.

The extraterritorial nature of these laws forces American companies to hand over data to U.S. authorities, including data stored in Europe. This creates a direct conflict with the GDPR. For European businesses using American cloud services, it opens the door to potential surveillance of their strategic and sensitive data.

Beyond confidentiality concerns, this situation raises a real challenge to digital sovereignty, as it questions Europe’s ability to manage its own data independently and securely.

SecNumCloud: Strengthening Digital Sovereignty

In response to these challenges, France developed SecNumCloud, a cybersecurity certification issued by ANSSI (the National Cybersecurity Agency in France). It ensures that cloud providers adhere to strict security and data sovereignty standards.

SecNumCloud-certified providers must meet strict requirements to safeguard data integrity and sovereignty against foreign interference. First, cloud infrastructure and operations must remain entirely under European control, ensuring no external influence — particularly from the United States or other third countries — can be exerted.

Additionally, no American company can hold a stake or exert decision-making power over data management, preventing any legal obligation to transfer data to foreign authorities under the CLOUD Act.

Just as importantly, clients retain full control over access to their data. They are guaranteed that their data cannot be used or transferred without their explicit consent.

With these measures, SecNumCloud prevents foreign interference and ensures a sovereign cloud under European control, fully compliant with the GDPR. This allows European businesses and institutions to store and process their data securely, without the risk of being subject to extraterritorial laws like the CLOUD Act.

SecNumCloud ensures strengthened digital sovereignty by keeping data under exclusive European jurisdiction, shielding it from extraterritorial laws like the CLOUD Act. This certification is essential for strategic sectors such as public services, healthcare, defense, and Operators of Vital Importance (OIVs), thanks to its compliance with the GDPR and European regulations.

OIV (Operators of Vital Importance)

OIVs refer to public or private entities in France deemed essential to a nation’s functioning, such as energy infrastructure, healthcare systems, defense, and transportation. Their status is defined by the French Interministerial Security Framework for Vital Activities (SAIV), established in the Defense Code.

OSE (Operators of Essential Services)

Established under the EU NIS Directive (Network and Information Security), OSEs include companies providing critical services to society and the economy, such as banks, insurance providers, and telecommunications firms. Their reliance on information systems makes them particularly vulnerable to cyberattacks.

Why It Matters

OIVs and OSEs are central to national cybersecurity strategy in France. A successful attack on these entities could have major consequences for a country’s infrastructure and economy. This is why strict regulations and regular monitoring are enforced to ensure their resilience against digital threats.

GDPR and the AI Act: Safeguarding Digital Sovereignty

The GDPR (General Data Protection Regulation) imposes strict obligations on businesses regarding data collection, storage, and processing, with heavy penalties for non-compliance. The AI Act, currently being adopted by the European Union, complements this framework by regulating the use of artificial intelligence to ensure ethical data processing and protect users.

Together, these regulations play a key role in governing digital technologies and increase pressure on businesses to adopt cloud infrastructures that comply with European standards, further strengthening the continent’s digital sovereignty.

Part II - SecNumCloud: A Cornerstone to Digital Sovereignety

Sovereign Cloud: Key Challenges and Considerations

Cloud computing is a major strategic and economic issue. Dependence on American tech giants exposes European data to cybersecurity risks and foreign interference.

To mitigate these risks, SecNumCloud ensures the protection of critical data and enforces strict security standards for cloud providers operating under European jurisdiction.

SecNumCloud: Setting the Standard for Secure Cloud Services

ANSSI designed SecNumCloud as a sovereign response to the CLOUD Act. Today, several French cloud providers, including Outscale, OVHcloud, and S3NS, have adopted this certification.

SecNumCloud could serve as a blueprint for the EUCS (European Cybersecurity Certification Scheme for Cloud Services), which seeks to create a unified European standard for a sovereign and secure cloud.

A Key Priority for the Public Sector and Critical Infrastructure

Operators of Vital Importance (OIVs) and Operators of Essential Services (OSEs), which manage critical infrastructure (energy, telecommunications, healthcare, and transportation), are prime targets for cyberattacks.

For example, in 2020, a cyberattack targeted a French hospital and paralyzed its IT infrastructure for several days. This attack jeopardized patient management. Using a sovereign cloud certified by SecNumCloud would have strengthened the hospital’s protection against such an attack by providing better security guarantees and overall greater resilience against cyber threats.

Building a European Sovereign Cloud

As SecNumCloud establishes itself as a key framework in France, it could serve as a European model. Through the EUCS initiative, the European Union aims to set common standards for a secure and independent cloud, protecting sensitive data from foreign interference.

Within this framework, SecNumCloud goes beyond being just a technical certification. It aims to establish itself as a strategic pillar in strengthening Europe’s digital sovereignty and ensuring the resilience of its critical infrastructure.

Conclusion

The adoption of SecNumCloud is now a strategic priority for all organizations handling sensitive data. By ensuring protection against extraterritorial laws and full compliance with European regulations, SecNumCloud establishes itself as a key pillar of digital sovereignty.

Thanks to key players like Outscale, OVH, and S3NS, France and Europe are laying the foundation for a sovereign, secure, and resilient cloud capable of withstanding foreign threats.

One More Thing: A Delicate Balance Between Security and Sovereignty

If digital sovereignty and data protection are priorities for Europe, it appears essential to place this debate within a broader context.

U.S. Security

Indeed, U.S. laws address legitimate security concerns. The United States implemented these laws in the context of counterterrorism and cybercrime prevention. The goal of the PATRIOT Act and the CLOUD Act is to enhance intelligence agency cooperation and ensure national security against transnational threats.

In this context, American companies have little choice. Cloud giants like Microsoft, Google, and Amazon, to name a few, do not voluntarily enforce the CLOUD Act — they are legally required to comply. Even though they strive to ensure customer data confidentiality, they must adhere to U.S. government requests, even at the risk of conflicting with European laws such as the GDPR.

EU Sovereignty

Europe does not seek isolation but rather aims for self-reliance in security. The adoption of SecNumCloud and the GDPR is not about blocking American technologies, but about guaranteeing that European companies and institutions keep full authority over their sensitive data. This strategy ensures long-term technological independence while promoting collaboration that respects each region’s legal frameworks.  

This debate should not be seen as a confrontation between Europe and the United States, but rather as a global strategic challenge: how to balance international security and digital sovereignty in an increasingly interconnected world?