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Digital sovereignty: what it actually means in a contract

Digital sovereignty is not a philosophy, it is five contract clauses. How to decompose it, test it against the Cloud Act, and negotiate it.

Everyone writes about digital sovereignty as if it were a philosophy seminar. Autonomy, values, strategic independence. Then the supplier contract lands on your desk and none of those words appear in it. What appears instead: a governing law clause, a data processing annex, a subprocessor list, and a termination section you will read for the first time the day you need it. I review these contracts for clients as an independent consultant, and I wrote a book, GEOPOLITECH, about how technology and jurisdiction collide. My conclusion after both exercises is the same: sovereignty is not a value statement. It is a bundle of five separable legal and technical properties, and a contract either grants you each one explicitly or it does not. This article decomposes the bundle, uses the US CLOUD Act as the acid test that separates marketing from substance, maps the European frameworks that actually exist in August…