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TITLE IV / Chapter I – Cloud computing sovereignty framework (Art. 16-28)

Art. 16 Cloud and AI Development Act - Scope arrow_right_alt

Art. 17 Cloud and AI Development Act - Recognition of cloud computing service providers arrow_right_alt

  1. A cloud computing service provider that aims to be recognised as offering a Union assurance level, shall submit an application for recognition to the national competent authority of establishment. When submitting an application for recognition, the cloud computing service provider shall include all the relevant evidence required under paragraphs 3 or 4.
  2. The competent authority of establishment shall be the evaluating national competent authority. An evaluating national competent authority that has received an application for a candidate recognition, may, where necessary, request one or more competent authorities of the other Member States to collaborate in the procedure for a candidate recognition under this Article. Within 15 days of receiving such a request, the national authority that has received a request for collaboration shall either provide confirmation that it agrees to collaborate with the evaluating national competent authority or refuse the request.
  3. For Union assurance level 1, the candidate cloud computing service provider shall submit to the evaluating national competent authority the EU statement of conformity referred to in Article 19(2) and all the necessary evidence.
    By way of derogation from the first subpragraph, the EU statement of conformity issued under Article 19(2) by cloud computing service providers that are SMEs shall be directly and automatically recognised in all Member States without the need for prior recognition by the evaluating national competent authority.
  4. For Union assurance levels 2, 3 and 4, the candidate cloud computing service provider shall submit to the evaluating national competent authority the audit report, the ‘positive’ audit opinion referred to in Article 20 and all the evidence provided to the auditing organisation during the audit procedure.
  5. Within 60 days of accepting an application pursuant to paragraph 1, the evaluating national competent authority shall assess the evidence submitted pursuant to paragraphs 3 or 4 and shall either:
    1. prepare a draft recognition decision and notify, as soon as possible, the competent authorities of the other Member States for a 60-day review period to confirm its intended recognition of the cloud computing service across the Union as offering the applicable Union assurance level. The notification to the competent authorities of the other Member States of the review period shall include the evidence referred to in paragraphs 3 or 4; or
    2. where the evidence submitted is insufficient to allow the evaluating competent authority to recognise the cloud computing service, it may request further information from the applicant and request that the applicant submit such information within a specified time limit. The period of 60 days referred to in this paragraph shall be suspended from the date of issue of the request until the date the information is received. The suspension shall not exceed 30 days in total unless it is justified by the nature of the information requested or by exceptional circumstances; or
    3. reject the request for recognition. Prior to rejecting the request for recognition, the evaluating competent authority shall give the candidate cloud computing service provider the opportunity to provide written comments on the conclusions of the evaluation within 30 days. The evaluating competent authority shall take due account of those comments when finalising its conclusions.
  6. During the review period referred to in paragraph 5, point (a), the national competent authority of another Member State may submit a reasoned objection or request for clarification to the evaluating national competent authority, where it considers that the draft recognition decision does not comply with the applicable Union assurance level set out in Annex II.
  7. Where no reasoned objection or request for clarification is submitted within the review period referred to in paragraph 5, point (a), the conclusions by the evaluating national competent authority shall be deemed accepted by all Member States, the evaluating national competent authority shall adopt the recognition decision and the audited service shall be recognised throughout the Union at the appropriate Union assurance level.
  8. Where a request for clarification is submitted within the review period referred to in paragraph 5, point (a), the evaluating national competent authority shall take due account of such request and, where applicable, request new information from the applicant as per paragraph 5, point (b) or confirm or modify its original draft decision. Where the requesting competent authority is not satisfied, it may submit a reasoned objection.
  9. Where a reasoned objection is submitted within the review period referred to in paragraph 5, point (a), or following the procedure referred to in paragraph 8, the evaluating national competent authority shall assess the objection and shall either maintain or revoke its original draft decision. The evaluating national competent authority shall inform the competent authorities of the other Member States within 15 days after the end of the review perioed referred to in paragraph 5, point (a), or within 15 days after receiving the reasoned objection following the procedure referred to in paragraph 8, whichever is applicable.
  10. In case the evaluating national competent authority intends to maintain its draft decision, the concerned national competent authority may refer the matter to the Commission. The Commission shall assess the referral and may request information from the national competent authorities concerned. The Commission shall adopt a binding decision determining whether the evaluating national competent authority may adopt the recognition decision.
  11. The evaluating national competent authority may revoke its recognition where it finds that a cloud computing service provider, whose service was recognised across the Union as providing a specific Union assurance level, intentionally or negligently, supplied incorrect or misleading information.
  12. The Commission may adopt implementing acts concerning the practical arrangements for the procedures referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
  13. The Commission may, in order to carry out the tasks assigned to it under paragraph 10 ,  require that national competent authorities of establishment provide, as soon as possible and within a reasonable period, any relevant information relating to the concerned cloud computing service provider and the application for recognition.
  14. When sending a request for information, the Commission shall state the purpose of the request, specify what information is required and set the period within which the information is to be provided.

Art. 18 Cloud and AI Development Act - Associated third countries arrow_right_alt

Art. 19 Cloud and AI Development Act - Conformity self-assessment arrow_right_alt

Art. 20 Cloud and AI Development Act - Independent audit arrow_right_alt

Art. 21 Cloud and AI Development Act - Content and quality of audit evidence arrow_right_alt

Art. 22 Cloud and AI Development Act - Central repository of cloud computing services arrow_right_alt

Art. 23 Cloud and AI Development Act - Transparency obligations arrow_right_alt

Art. 24 Cloud and AI Development Act - Penalties and compensation arrow_right_alt

Art. 25 Cloud and AI Development Act - National competent authorities arrow_right_alt

Art. 26 Cloud and AI Development Act - Powers of the national competent authorities arrow_right_alt

Art. 27 Cloud and AI Development Act - Mutual assistance arrow_right_alt

Art. 28 Cloud and AI Development Act - Cross-border cooperation arrow_right_alt