CADA tracker · source extraction
Article 35
Sharing of public sector data centre services and cloud computing services
1. A member of the EuroCloud Federation (the ‘sharing entity’) may share data centre
services and cloud computing services with another member of the EuroCloud
Federation (the ‘using entity’) where the sharing entity directly, or indirectly through
an intermediate legal entity, owns the hardware through which the service is made
available and provides the service that is made available to the using entity. Where
the sharing entity indirectly owns the hardware and provides the services through an
intermediate legal entity, the sharing entity shall exercise control over that
intermediate legal entity.
2. The sharing entity shall put in place appropriate technical, operational and
organisational measures to ensure an effective, secure and resilient provision of
services.
3. Prior to sharing data centre services and cloud computing services within the
EuroCloud Federation, the sharing entity shall demonstrate to the Commission that it
fulfils the conditions set out in paragraphs 1 and 2.
4. The Commission shall assess the information provided by the sharing entity and
allow the sharing entity to share data centre services and cloud computing services
within the EuroCloud Federation where the conditions laid down in paragraphs 1 and
2 are fulfilled.
5. The sharing entity may charge a fee to the using entity. The amount of the fee shall
be limited to the costs that the sharing entity incurs in relation to the sharing of the
service and shall not constitute a pecuniary interest within the meaning of Article 2
of Directive 2014/24/EU and Regulation (EU, Euratom) 2024/2509.
6. The Commission is empowered to adopt implementing acts to specify the technical,
operational and organisational measures referred to in paragraph 2. Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 46(2).