Summary Under the proposed Cloud and AI Development Act (CADA), Open Source Programme Offices (OSPOs) established by public-sector bodies at local, regional, or national levels, as well as those within Union entities, may request to join the OSPO Network by applying directly to the European Commission. Article 44 of the proposal establishes this network to facilitate cooperation on open-source obligations, with the Commission mandated to support, coordinate, and convene meetings of the network at least twice a year. Membership is open to any eligible OSPO that submits a request, enabling participation in a structured forum for exchanging best practices, developing voluntary guidance, and collaborating on projects of common interest.

Detail

The Cloud and AI Development Act (CADA), as proposed in COM(2026) 502 final, represents a significant shift in how the European public sector approaches open-source software. While previous initiatives often relied on voluntary ad-hoc cooperation, CADA introduces a formalized governance structure to ensure consistent implementation of open-source obligations across the Union. A cornerstone of this framework is the OSPO Network, established under Article 44 of the proposal.

This network is designed to address the fragmentation that has historically hindered the sharing of open-source solutions across Member States. By creating a dedicated channel for communication between the Commission and public-sector OSPOs, CADA aims to reduce duplication of effort, lower the administrative burden of procurement, and accelerate the adoption of open standards.

Eligibility: Who can join?

The scope of eligibility for the OSPO Network is deliberately broad to ensure comprehensive coverage of the EU's public administration. Article 44(2) explicitly defines the entities entitled to request membership. It states:

"Open Source Programme Offices established by public sector bodies at local, regional or national level in a Member State, and those established by Union entities, may request from the Commission to join the OSPO Network."

This provision confirms that membership is not restricted to central government ministries or national agencies. The network is accessible to:

  • Local authorities: Municipalities, city councils, and local IT departments.
  • Regional bodies: Regional governments and administrative districts.
  • National entities: Ministries, national agencies, and central government departments.
  • Union entities: All EU institutions, bodies, offices, and agencies established under the EU treaties.

The only prerequisite is that the entity must have already established an Open Source Programme Office. The proposal does not impose additional criteria regarding the size of the OSPO, its budget, or its specific mandate, ensuring that even smaller public bodies can participate and benefit from the network's resources.

The mechanism for joining

The process for joining the network is designed to be straightforward and accessible. Article 44(2) establishes that eligible OSPOs may request to join from the Commission. Unlike the recognition procedures for cloud assurance levels (which involve audits and complex conformity assessments), the OSPO Network membership mechanism is a direct request.

While the primary text of Article 44 does not detail a specific application form or a rigid approval timeline, it places the Commission in the role of the coordinator and gatekeeper. The Commission is empowered to manage the network, implying that it will establish the practical arrangements for receiving and processing these requests. Once an OSPO submits its request, it becomes a member of the network, gaining access to the collaborative framework defined in the regulation.

Core tasks and functions of the network

The OSPO Network is not merely a discussion forum; it is assigned specific, legally defined tasks under Article 44(3) to ensure it delivers tangible value to the public sector. These tasks are designed to foster a cohesive European approach to open source. The network's responsibilities include:

  1. Facilitating Exchange: The primary function is to facilitate the exchange of information, experience, and best practices between Member States and the Commission. This includes discussing common technical, legal, and organisational challenges. Specific areas of focus identified in the text include licensing, security, maintenance, and the procurement of open-source software.
  2. Promoting Reuse: The network actively promotes the sharing and reuse of open-source software by public sector bodies. This aligns with the broader CADA objective of reducing vendor lock-in and maximizing the value of public expenditure.
  3. Developing Guidance: On a voluntary and non-binding basis, the network contributes to the development of guidance, templates, or recommendations on the sharing and reuse of open-source software. This allows the network to produce practical tools that help public bodies comply with CADA's obligations without creating new binding legal requirements.
  4. Collaboration on Projects: Members are encouraged to collaborate on and exchange open-source projects of common interest to Union entities and public sector bodies. This fosters joint development initiatives that can be scaled across borders.

Governance and meeting frequency

The governance of the OSPO Network is centered on the European Commission, which is tasked with ensuring the network's effective operation. Article 44(4) states that the Commission shall support and coordinate the OSPO Network. This includes providing the necessary administrative and technical backing to facilitate the network's activities.

To ensure regular engagement and continuous dialogue, Article 44(5) mandates a specific meeting schedule. It states:

"The Commission shall convene and chair a meeting of the members of the OSPO Network at least twice a year."

These meetings serve as the primary mechanism for the network to function. The Commission chairs these sessions, ensuring that the agenda aligns with the regulatory objectives of CADA. Importantly, the proposal explicitly allows for flexibility in the format of these gatherings: "The meetings of the OSPO Network may be organised online." This provision lowers the barrier to participation, ensuring that OSPOs from remote regions or with limited travel budgets can still engage fully in the network's work.

What this means for you

For public-sector procurement officers, CIOs, and open-source leads, joining the OSPO Network under CADA offers strategic advantages that extend beyond simple compliance.

  • Access to a Unified Knowledge Base: By joining, your OSPO gains direct access to a centralized pool of knowledge. Instead of reinventing the wheel when facing complex licensing issues or security challenges, you can tap into the collective experience of peers across the EU. The network's mandate to exchange best practices on licensing, security, and maintenance means you can learn from the successes and failures of other public bodies.
  • Influence on Future Guidance: As a member, your OSPO has the opportunity to contribute to the development of guidance, templates, and recommendations. While these outputs are voluntary and non-binding, they will likely become the de facto standard for how public bodies interpret and implement CADA's open-source provisions. Your input can help shape tools that make compliance easier for your organization and others.
  • Streamlined Procurement: The network's focus on the procurement of open-source software is particularly valuable for procurement officers. By participating in discussions on this topic, you can help develop standardized approaches that reduce administrative burden, increase legal certainty, and accelerate the acquisition of open-source solutions.
  • Collaborative Innovation: The mandate to collaborate on projects of common interest opens the door to joint development initiatives. This can lead to the creation of shared software solutions that are more robust and cost-effective than those developed in isolation, ultimately reducing duplication of effort and maximizing the return on public investment.

To prepare for joining, ensure your OSPO has a clear mandate and that you have identified key representatives who can actively participate in the network's activities. Be ready to share your experiences and challenges, as the network's value is derived from the active exchange of information among its members.

Common misconceptions

"Only large national OSPOs can join." False. Article 44(2) explicitly includes OSPOs established at local and regional levels. The proposal recognizes that open-source challenges are not unique to national governments and encourages participation from all levels of public administration to ensure the network reflects the full diversity of the EU's public sector.

"The network creates binding rules." False. Article 44(3)(c) specifies that the network contributes to the development of guidance, templates, or recommendations on a voluntary and non-binding basis. The network is a forum for cooperation and best-practice sharing, not a legislative body. It does not impose new legal obligations on its members beyond those already established in CADA.

"The Commission dictates the network's agenda unilaterally." While the Commission supports and coordinates the network (Article 44(4)) and chairs the meetings (Article 44(5)), the network's tasks are inherently collaborative. The mandate to facilitate the exchange of information and experiences between Member States and the Commission implies a two-way dialogue. The network is designed to be a platform for peer-to-peer learning and joint problem-solving, rather than a top-down directive mechanism.

"The meetings are mandatory and in-person." False. While the Commission must convene meetings at least twice a year, Article 44(5) explicitly states that "The meetings of the OSPO Network may be organised online." This flexibility ensures that participation is feasible for all members, regardless of their location or budget constraints.

Related

This is general information about a draft EU regulation, not legal advice.