Why Data Sovereignty Matters More Than Ever

Why Data Sovereignty Matters More Than Ever

Posted in

For a long time, people viewed the internet as the final frontier — a sort of Wild West with no borders and no real limitations in cross-territorial exchange. In reality, the internet has always relied on geographically limited systems. While these systems typically work well together, it was only a matter of time before the laws governing these geographical regions took notice of the internet, its traffic, and the reality of being a ‘digital global citizen.’

In recent years, legal frameworks have begun to align more closely with the realities of the internet, leading to the rise and formalization of data sovereignty. Below, we’ll look at this topic, defining the concept and exploring its implications on the internet, the businesses built atop it, and the user protections it offers.

What is Data Sovereignty?

Data sovereignty is the concept that data generated by a user should be governed according to where it is collected or stored. Unlike data residency or localization, data sovereignty specifically enforces legal jurisdiction and protection over that data regardless of where the data is stored.

For example, if a server in the EU generates and collects data from an EU citizen, it doesn’t matter if the data is ultimately stored in the United States — it should be subject to the GDPR, and the user should be afforded the protections required by that legislation.

Data sovereignty has become more important as cross-border data transfers have come under heightened scrutiny in recent years, especially following the lapse in security legislation and protection by countries such as the United States in comparison to more stringent protections in countries like Japan or in zones such as the European Union.

To better contextualize this conversation, it helps to define some terms:

  • Data residency: Stored data must be governed by the local legal requirements for where that storage occurs. For example, data stored in the EU must align with EU standards.
  • Data localization: Data collected in a region or country must remain within that geographic boundary. For example, data collected in Japan must stay within Japan.
  • Data sovereignty: Data is governed by the laws of the country or region where the data generator resides, even if the data is stored in a different location. For example, an EU citizen’s data must comply with the GDPR, regardless of where the data is stored.

The State of Data Sovereignty in the EU and Beyond

With these terms defined, let’s look at how each region is dealing with this issue.

Europe and the EU

Europe cemented itself as a leader on this topic with the General Data Protection Regulation (GDPR). GDPR is a series of regulations and rules governing cross-border data transfers. It provides mechanisms for protecting EU citizen data and specific governance on data collected within the EU, regardless of data ownership. The GDPR was, in many ways, a trendsetter for follow-up legislation in Europe and abroad.

In recent years, new evolutions of data protection have followed suit. The GAIA-X initiative is currently in the works, offering a sovereign cloud infrastructure solution that promises to abstract away the complexities of cross-border cloud governance. The European Data Act of 2025 promises to enhance the GDPR and enforce digital independence, offering new protections.

The United States of America

In contrast, the US has a highly ineffective and fragmented approach. While there are state-level protections — notably, CCPA in California and the Colorado Privacy Act — no federal-level data protection scheme is in place. While there have been efforts to implement a federal data protection regulation, this has often been stymied in favor of pro-business regulations, halting efforts to grant consumer protections at scale.

This has been made all the more complicated by the Schrems II ruling of the European Court of Justice in 2020. This ruling invalidated the longstanding EU-US Privacy Shield agreement, which granted certain protections to US citizens by default, but as it was invalidated, these protections were nullified.

China Data Protections

In an example of highly regional data sovereignty, China has strict data security policies covered under the Data Security Law and the Personal Information Protection Law. These laws restrict data transfer from China to foreign entities, requiring multinational businesses to establish local data centers in China if they are to operate in that market.

In many cases, this is compounded by political and governmental ownership in organizations, ensuring a strict data governance policy that is highly enforced.

The Growing Importance of Data Sovereignty

The reality is that the era of the Wild West internet is largely over. With geopolitical tensions rising and digital nationalism driving a digital independence movement away from foreign cloud providers, governments are increasingly pushing for sovereignty and ownership over their citizens’ data. This, paired with the rise of data breaches and mounting privacy concerns, has caused an alignment between consumer privacy and governmental ownership.

In many cases, even businesses are driving the movement to regional ownership. With companies like Google Cloud and AWS offering highly regionalized cloud provision, the groundwork was already laid for highly regional fragmentation. Following the invalidation of the Privacy Shield agreement and worries about GDPR, a rapid mobilization has occurred that is ongoing.

In essence, user trust is eroded, and political pressure for digital nationalism has never been so intense. This has greatly influenced multi-cloud and multi-region services, with localized AWS, Azure, and Google Cloud offerings competing with government-backed services in Europe and Asia.

As such, this has had some marked impacts on cross-border data transfer and API-first design modalities. APIs are no longer part of the “everywhere” internet—they function instead in a highly regional and localized subsection, requiring stronger alignment and protection. APIs must enforce geo-aware storage policies, control dynamic regional and location-based access, and even rely on edge computing or tokenization to handle cross-border restrictions.

This obviously has stark implications for compliance as well. Data residency is now a question not of efficiency but of legality, and the various, complex, and differing requirements on encryption, tracking, auditing, and more have given rise to privacy-enhancing technologies and a cottage industry of compliance assurance. While users have taken to complaining about a sea of consent click boxes, other US consumers have concluded that the absence of these consent boxes is even more worrisome.

The Future of Data Sovereignty and API Development

Ultimately, this has all added up to a different future for data sovereignty and API development than was expected many years ago.

The shift to a decentralized data architecture has necessitated a movement toward federated models that allow for data localization, creating a more complex — but ultimately more compliant — system of interlocking data locales. As we move forward, the need to have highly localized data centers that align with regulatory-driven development paradigms will only become more critical, especially as edge computing is used at a larger scale to ensure both efficiency and compliance.

What was once a statement of the internet being everywhere and nowhere has now turned into a federated patchwork that is more concerned with the myriad intricacies of connected data. For better or worse, the future is more complicated, both more localized and more international — and as a result, much more work will have to be done to clear the air of regulatory complexity and development maladies.

Conclusion: Navigating the Data Sovereignty Era

The movement towards higher data sovereignty is good and bad, depending on how you view it. On the one hand, the locality of data has always been important, and in many ways, this movement is simply codifying that reality into a structured and governable system.

On the other hand, the movement toward digital nationalism is a worrying trend, as much of the innovation of the internet was based on the fact that you could do almost anything anywhere. If you must now navigate a patchwork of different regulations and conflicting rules, much of that promise could be lost.

On yet a third hand (which is worrisome in and of itself), the reality is that these patchwork protections exist because some locales have poor protections while others are more protective. As we move forward, the industry will need to have conversations around priority and intent — are we an industry that protects its users despite the impacts on business, or do we protect businesses at the cost of users? Or is there a third, as-of-yet unidentified alternative solution?

This question doesn’t have a clear answer quite yet — but you can be sure that the next decade will be filled with that question itself.