A practical framework to evaluate sovereign solutions
As geopolitical tensions, sanctions, and legal extraterritoriality increasingly affect digital infrastructure, the concept of software sovereignty has moved from theory to operational necessity. Organizations are no longer asking only whether a tool is secure or compliant, but whether they will retain access and control under all circumstances.
This questionnaire proposes a structured framework to evaluate software solutions claiming to be sovereign.
1. Jurisdiction and legal exposure: Who can legally compel the software vendor?
2. Data location and control: Where is the data stored, and who truly controls it?
3. Ownership and governance: Who controls the company’s strategic decisions?
4. Transparency and auditability: Can the vendor’s claims be verified?
5. Security and encryption: Is data protected even under legal or political pressure?
6. Technological dependencies: Is the solution sovereign all the way down?
7. Resilience and crisis readiness: What happens during sanctions, outages, or geopolitical disruptions?
8. Sovereignty as a strategic commitment: Is sovereignty a core principle or a marketing slogan?
1. Jurisdiction and legal exposure: Who can legally compel the software vendor?
Jurisdiction is the cornerstone of software sovereignty. The location of a company’s headquarters determines which legal systems can impose obligations, including data access requests or service suspensions.
A critical distinction must be made between European companies and European subsidiaries of non-European groups. The latter are typically subject to non-EU legal obligations and should not be considered sovereign.
Evaluation questionnaire:
- In which country is the legal headquarters located?
- Under which jurisdiction(s) is the company incorporated?
- Is the company subject to non-EU extraterritorial laws (e.g. US Cloud Act, FISA, or equivalent)?
- Is the company a subsidiary or affiliate of a non-EU entity? If yes, please describe the ownership structure.
- Which legal framework governs customer contracts?
- Can the company legally refuse data access or service suspension requests from non-EU authorities?