Data Centres

Expertise

From Interconnectivity to Technology and Data

Data Centres

Data centres are critical infrastructures in the digital economy and essential to the functioning of global businesses. These infrastructures are connected to a comprehensive ecosystem ranging

from interconnectivity to platforms, digital content and data, ensuring servicesto all sectors of the economy. To ensure the success of these projects, it is essential to secure specialised and integrated legal advice, covering areas as diverse as regulatory compliance, investment contracts and interconnectivity, sustainability and environmental issues, helping mitigate risk, comply with regulations and maximise the value of strategic investments.

Know-how

Our team offers an integrated and multidisciplinary legal approach, covering, in particular:

Data Centres

In the context of data centre projects, legal advice plays an essential role, involving a complex combination of various areas of Law – from technology and contractual matters, to environmental and urban planning aspects, as well as tax, energy and data protection.

The definition of data centre operating models;
The energy legal framework;
Structuring the investment, financing and operationalisation of projects;
Negotiating and drafting commercial and technological contracts, including housing and colocation agreements, cloud computing (SaaS, PaaS, IaaS) agreements, Service Level Agreements (SLAs) for maintenance, hardware and software contracts, financing agreements and energy supply contracts;
Defining regulatory compliance strategies, both general and sectoral, with a particular focus on matters of interconnectivity, digital regulation and data protection;
Real estate and urban planning issues;
Compliance with Environmental and sustainability legislation;
Tax matters and access to investment and innovation incentives.

Connectivity

The increase in demand for data is driving investment in submarine cables and other high-capacity networks, using advanced technologies. Diversification of technologies (fibre, 5G, satellite technologies and others) and routes is essential to ensure more flexible and robust networks. Digital services increasingly require “precision communications” (voice, data, including machine-to-machine communications) to meet the demands of sophisticated digital services delivery.

Our team has extensive and proven experience in advising in these areas, namely:

strategic definition of investment models;
management and operation of submarine cable projects and other communications networks;
co-investment arrangements, capacity sales, sharing and infrastructure;
assistance in obtaining licenses for network operators and communications service providers;
monitoring compliance with regulatory obligations; and
assessing the legal and regulatory framework for digital economy services and products, including platforms, services and digital content.

Data

At a time when the Internet of Things (IoT), the Internet of Everything (IoE), Artificial Intelligence and Quantum Computing are expanding the opportunities related to data, our team has the know-how to assist companies in defining strategies that enable them to maximise the value these critical assets.

In addition to this strategic support, we help our clients ensure that their activities comply with applicable laws and regulations governing the data economy and cybersecurity — both general rules that apply to all sectors and sector-specific regulations.

Our services include:

monitoring compliance and regulatory adequacy issues;
the design of products and services with a Privacy & Cybersecurity by Design approach;
international data transfers and compliance with digital sovereignty requirements;
Data Protection Impact Assessments (DPIA);
adoption of Privacy-Enhancing Technologies (PETs);
drafting and negotiating of access agreements;
data sharing and anonymisation;
Data Governance strategies to maximise data value and security;
security incident management and response to cyber-attacks; and
legal advice on disputes relating to data protection and cybersecurity.

Land Acquisition, Licensing and Construction

The construction and development of data centres involves a multitude of legal and regulatory requirements, which require specialised legal advice from the earliest stages of the project. The technical complexity, urban planning and environmental requirements, as well as the high levels of investment and responsibility involved, make it essential to the have the support of an experienced legal team to ensure the legal certainty and viability of each stage.

VdA provides legal support on issues relating to land acquisition, design, permitting and construction of data centres, thus providing legal support at all stages of the development of the physical infrastructure, including assistance with land acquisition (whether property law or surface rights), assistance in hiring designers, project managers and entities responsible for supervision, monitoring urban permitting processes, negotiating of construction contracts and analysing regulatory risks to ensure that projects comply with all urban planning and environmental requirements.

Energy

Energy consumption associated with data centres is a key issue, particularly in the context of the growing demand for energy efficiency and renewable energy solutions. The transition to more sustainable energy sources and the regulation of the energy sector in Portugal, present legal challenges that require specialised expertise. Another key issue is the cooling system in the facilities, a growing concern in data centres, due to the need for more efficient and environmentally friendly solutions.

Our team provides legal support in a number of areas, including:

drafting and negotiating of power purchase agreements;
matters related to energy efficiency regulation; and
developing strategies for adapting infrastructures to a more sustainable economy.

With our experience and specialised knowledge of the Portuguese legal framework, we are prepared to tackle the challenges of the energy sector, offering solutions that promote sustainability and efficiency in our clients' operations.

Infrastructures & Project Finance

Data centre projects are strategic investments that require rigorous legal structuring to ensure their economic, operational and financial viability. Contractual security and the strength of the financing model are critical elements for their implementation and for attracting investors and financiers.

VdA provides a specialised service to assist in the structuring, development, management, bankability assessment and financing of these strategic projects, including the drafting and negotiation of the relevant project contracts (including construction contracts — EPC, BOT and DBFO —, management agreements, service provision agreements, offtake agreements, etc.) and the financing package documentation.

Infrastructures & Project Finance

Sustainability

Environmental and social sustainability is a critical issue for companies operating in the data centre value chain, particularly with regard to the environmental impact of these projects and the need to comply with environmental and sustainability regulations, particularly with regard to the use of water resources, waste management and related licensing, among others. Equally noteworthy is the European and national regulations in the areas of environmental and sustainability matters in general, which have been shaping practices in the sector, particularly with regard to the carbon footprint and climate impact.

VdA provides legal support in the implementation of sustainable practices and solutions, from the construction of data centres that comply with applicable environmental legislation and are ecologically responsible, to adopting business practices that meet both legal requirements and societal expectations, particularly with regard to climate, biodiversity and economy circularity.

A dedicated Team

Each member of the VdA team is dedicated to a specific area of practice, which allows us to gain an in-depth understanding of the context and challenges specific to each client.