Managers of information systems (MIS) tend to perceive the risk of alternative solutions as high. They perceive the risk of US (GAFAM) or China (BAT) cloud solutions as low. As the saying goes: "nobody gets fired for choosing IBM". It is thus mandatory to introduce a new decision factor in order to reach a more balanced decision making process which is open to alternatives. This decision factor should also turn mid-term corporate risks related to trade secret into short term personal risks for the decision maker.
Traditionally, laws are in favour of small businesses. Compliance requirements that only local suppliers can meet have been used in public or private tenders for this purpose. The small business act (SBA) has been efficient in the United States to support the growth of small businesses. Compliance requirements that only local companies can meet are often used in China for the same purpose. For now, both approaches have been failing in the European Union for decades. We believe that European large corporations simply do not want a small business act and thus pretend that it would be incompatible with WTO regulations. Introducing specific compliance requirements is also risky in Europe because it contradicts the idea of fair competition in the spirit of the Rome treaty.
The GDPR was originally intended to help European IT providers. However, US (GAFAM) and China (BAT) cloud providers were among the first to implement it. GDPR has thus failed to achieve part of its purpose. In Japan, military budgets must be spent mostly on US suppliers. This prevents a small business act or compliance requirements to be implemented in favour of local alternatives.
Unless some laws can efficiently solve the current imbalance in cloud purchase decision making, only justice and litigation remain to change the decision making process.
Despite is negative tone, litigation is - sadly - more efficient than positive approaches as we are going to demonstrate hereafter.
In 2019, Nexedi introduced Rapid.Space - a new alternative cloud service - to a European government through a direct email to counsellors. Rapid.Space became the only European company with a license to operate a cloud in China. It took weeks to get a reply and more than a month to meet counsellors in charge of cloud sovereignty. There is no outcome yet, which is quite understandable. In a state of law, no government counsellor can impose a purchase decision to a government MIS.
In 2020, a relative of Nexedi CEO announced to a local member of the governing party of the same European country that a group of companies would initiate a lawsuit against the government because the government had chosen a US (GAFAM) cloud provider despite the existence of dozens of local companies in that country - some of which with better service or better compliance. It took 24 hours to get a phone call from a government counsellor and just a bit more to set a meeting within a week. Government knows that whenever a law is broken by an MIS during the purchasing process, it become liable if it does not take action.
This experience demonstrates why litigation can be useful to stimulate a more rational decision making process. As long as MIS have in mind that "nobody can be blamed for selecting US (GAFAM) or Chinese (BAT) cloud companies", they will make no effort to write tenders differently and take no risk for their own career. However, if MIS are aware that selecting US (GAFAM) or Chinese (BAT) cloud providers has an equal risk than selecting an alternative, they will have to take both risks into consideration. Other decision factors, including price, trade secret or features will also become more important once a personal career faces equal risks no matter the type of supplier.
Alternative cloud providers should thus team up and organise lawsuits from time to time - either against government or against private corporations. This will ensure that MIS take into account the existence of an equal risk of litigation each time they purchase cloud services, each of which may have a short term impact on their career. This litigation approach is inspired by Alstom in the rail industry.
Regarding civil servants hired by US (GAFAM) or China (BAT) cloud providers, who then act as evangelists for foreign private interests, personal motivations can be complex: It can be monetary interest but more often a meaningful position is pursued in the absence of national support of local alternatives (from government MIS especially). It can also be a way to acquire know-how abroad before creating a local company and develop alternative solutions. Movements of civil servants from government to private corporations can even be beneficial for the taxpayers by introducing social diversity in the private sector and accelerating economic growth. Yet, movements of civil servants back and forth between state and private foreign interests are no longer accepted by public opinion.
Finding the right type of litigation against this phenomenon is however challenging: too much litigation risk might even lead to the impossibility for governments to hire skilled civil servants.