Summary The proposed Cloud and AI Development Act (CADA) establishes a Network of Open Source Programme Offices (OSPO Network) to systematically promote the sharing and reuse of open-source software across the EU public sector. Under Article 44(3)(b), a core task of this network is explicitly "promoting the sharing and reuse of open-source software by public sector bodies." As proposed, the network would not merely act as a passive registry but as an active coordination forum, facilitating the exchange of best practices, developing voluntary guidance on licensing and security, and fostering collaboration on projects of common interest. This mechanism is designed to reduce duplication of effort, lower public expenditure, and strengthen the Union's technological sovereignty by ensuring that software developed by one administration is discoverable and reusable by others via the EU Open Source Solutions Catalogue (EU OSS Catalogue) mandated in Article 43.

Detail

The Cloud and AI Development Act (CADA), as proposed in COM(2026) 502 final, introduces a comprehensive framework to integrate open source into the EU public sector's digital strategy. While Article 41 encourages the use of open standards and components, Title IV, Chapter V establishes the specific governance structures to make this a reality. Central to this is the Network of Open Source Programme Offices (OSPO Network), established under Article 44.

The Mandate: Article 44(3)(b) and the Core Mission

The primary engine for promoting software reuse is defined in Article 44(3)(b), which lists "promoting the sharing and reuse of open-source software by public sector bodies" as a specific, mandatory task of the OSPO Network. This provision transforms the concept of open-source sharing from an ad-hoc activity into a coordinated Union-level objective.

The network is designed to bridge the gap between isolated national or local initiatives. By bringing together OSPOs established by public sector bodies at local, regional, and national levels, as well as those established by Union entities, the network creates a unified forum for dialogue. As proposed, this structure addresses the fragmentation where individual administrations often develop bespoke solutions for common problems, leading to redundant spending. The network acts as the connective tissue to identify these overlaps and encourage collaborative development, ensuring that public funds are used efficiently.

The Ecosystem: Linking to Article 42 and the EU OSS Catalogue

The OSPO Network does not operate in isolation; it is the governance layer that drives the technical infrastructure required for reuse. This infrastructure is anchored by Article 42 and Article 43.

Article 42 imposes a specific obligation: when a Union entity or public sector body makes software available for reuse under an open-source licence, it must do so using a catalogue or repository that is "connected to, and made accessible through, the EU OSS Catalogue." This ensures that software is not hidden in siloed national repositories but is discoverable across the Union.

Article 43 mandates the Commission to provide and maintain this centralised EU Open Source Solutions Catalogue, hosted on the Interoperable Europe portal. The OSPO Network supports this ecosystem in several critical ways:

  • Facilitating Discoverability: By promoting best practices in metadata, documentation, and standardisation (as part of its broader tasks under Article 44(3)(a)), the network ensures that software uploaded to the EU OSS Catalogue is easily searchable and technically usable by other administrations.
  • Harmonising Processes: Through the exchange of information on common legal and technical challenges, the network helps harmonise how software is prepared for the catalogue. This reduces the friction of cross-border reuse, ensuring that a solution developed in one Member State can be legally and technically adopted in another.

Fostering Cross-Administration Collaboration

Perhaps the most transformative aspect of the OSPO Network is its ability to drive joint development. Article 44(3)(d) explicitly tasks the network with "collaborating on and exchanging open-source projects of common interest to Union entities and public sector bodies."

This provision encourages a shift from isolated procurement to collaborative development. As proposed, if multiple Member States require similar AI-driven administrative tools or cybersecurity solutions, the OSPO Network would facilitate a joint development effort. The resulting software, released under an open-source licence, could then be reused by all participating administrations and potentially by others via the EU OSS Catalogue. This model offers distinct advantages:

  • Cost Reduction: Development costs are shared among participants, reducing the financial burden on individual budgets.
  • Quality Improvement: Collaborative projects benefit from diverse expertise, broader testing environments, and peer review, leading to more robust and secure software.
  • Sovereignty Enhancement: Jointly developed European solutions reduce dependence on proprietary third-country software, aligning with the broader CADA objective of technological autonomy.

Guidance, Best Practices, and Capacity Building

Beyond specific projects, the OSPO Network plays a vital role in capacity building, particularly for smaller administrations that may lack in-house expertise. Article 44(3)(c) allows the network to contribute, on a "voluntary and non-binding basis," to the development of guidance, templates, or recommendations on the sharing and reuse of open-source software.

This guidance would address complex barriers to reuse, such as:

  • Licensing Compatibility: Ensuring that chosen licences are compatible with public sector needs and EU legal frameworks.
  • Security Standards: Establishing protocols for vulnerability management, code review, and secure repository practices.
  • Long-term Maintenance: Creating frameworks for the sustainable support of shared software, ensuring that reused code remains secure and functional over time.

By developing these shared resources, the OSPO Network lowers the barrier to entry for smaller entities, enabling them to participate in the open-source ecosystem without needing to build complex governance structures from scratch.

Governance and Coordination

The network is supported and coordinated by the Commission, as stated in Article 44(4). To ensure continuous engagement, Article 44(5) requires the Commission to convene and chair meetings of the OSPO Network at least twice a year. These meetings can be organised online, facilitating broad participation without excessive travel costs. This regular cadence ensures that the promotion of sharing and reuse remains a dynamic priority, with ongoing dialogue between national and EU-level actors.

What this means for you

For public-sector bodies, procurement officers, and IT managers, the proposed OSPO Network represents a significant shift in how open-source software is managed and utilised within the EU.

  • Mandatory Connectivity for Reuse: If your administration develops software intended for reuse under an open-source licence, Article 42 requires you to host it in a repository connected to the EU OSS Catalogue. The OSPO Network will be the primary source of guidance on how to comply with this requirement efficiently.
  • Active Collaboration Opportunities: You should actively engage with your national or local OSPO (if one exists) or seek to join the OSPO Network if your entity establishes one. This engagement can lead to participation in collaborative projects under Article 44(3)(d), allowing you to leverage shared resources rather than building from scratch.
  • Access to Standardised Best Practices: The network will produce non-binding guidance on licensing, security, and maintenance. Procurement officers should monitor these outputs to ensure that their open-source strategies align with EU-wide standards, reducing legal and operational risks.
  • Strategic Sovereignty: By promoting the reuse of open-source solutions, the network supports the "open source first" principle mentioned in Article 41. This empowers procurement officers to choose solutions based on functionality and total cost of ownership rather than proprietary constraints, directly contributing to the Union's strategic autonomy.

Common misconceptions

"The OSPO Network will force public sector bodies to use open-source software." No. The network's tasks, including the development of guidance under Article 44(3)(c), are voluntary and non-binding. While Article 41 encourages the use of open source, it does not mandate it for all procurements. The network facilitates choice and reduces barriers; it does not coerce adoption.

"The EU OSS Catalogue and the OSPO Network are the same thing." They are distinct but complementary. The EU OSS Catalogue (Article 43) is the technical repository where software is stored and discovered. The OSPO Network (Article 44) is the governance and coordination body that promotes the use of the catalogue, develops the practices for uploading software, and fosters the collaboration needed to create that software.

"Only large EU institutions can participate in the OSPO Network." Incorrect. Article 44(2) explicitly allows OSPOs established by public sector bodies at local, regional, or national levels in a Member State to request membership. This inclusivity is essential for broad reuse across all levels of government, from municipal administrations to Union entities.

Related

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