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Data center and digital infrastructure law in Bangladesh is a growing area reflecting the rapid technological advancements and digital transformation happening in the country. The government has embarked on initiatives like “Digital Bangladesh” to increase internet penetration, foster e-governance, and attract foreign investment in ICT sectors. As a result, demand for secure, well-regulated data centers and robust digital infrastructure has increased, bringing legal and regulatory considerations to the forefront.
Data centers are specialized facilities that store, manage, and disseminate data at large scales, serving banks, telecoms, government bodies, and various enterprises. Digital infrastructure includes not just the physical data centers but all digital assets such as fiber optic networks, cloud services, and cybersecurity frameworks. The need for compliance with data protection, privacy, and handling standards is critical both for investors and service providers in this field.
Engaging a lawyer specializing in data center and digital infrastructure law in Bangladesh can help you navigate the complex legal, regulatory, and operational challenges. Here are some common situations where legal assistance is highly valuable:
Legal expertise ensures that your business adheres to local laws, secures necessary permits, and minimizes the risk of regulatory penalties or litigation.
Several key laws and regulations impact data center and digital infrastructure activities in Bangladesh:
Compliance is overseen by bodies like the Bangladesh Telecommunication Regulatory Commission (BTRC), Ministry of Posts, Telecommunications and Information Technology, and the BCC.
A data center in Bangladesh is typically defined as a secured facility used to house computer systems, storage systems, networking equipment, and associated components for storing, processing, and disseminating data. Both private and public entities can operate data centers, subject to regulatory oversight.
Yes, establishing a data center in Bangladesh often requires multiple approvals including business registration, environmental clearance, and compliance with local ICT guidelines. Additionally, specific licenses from the Bangladesh Telecommunication Regulatory Commission may be required.
Bangladesh has been introducing data localization measures for certain categories of information, particularly relating to government, financial, and critical national infrastructure data. Businesses may be required to store and process such data within the country’s borders.
Data centers should comply with both national and international standards set by the Bangladesh Computer Council for data security, including physical and cybersecurity measures, redundancy, disaster recovery, and incident management protocols.
Cross-border data transfers are closely supervised, especially for sensitive or regulated data. Transfers may be allowed under specific legal agreements or where adequate protection is assured in the destination country, subject to regulatory clearance.
Non-compliance with data protection and digital security laws may incur fines, operational shutdown, or even criminal liability, depending on the severity of the breach or violation.
Yes, foreign investment is permitted in the data center sector, subject to compliance with foreign investment guidelines and sector-specific regulations. Joint ventures and direct investments are common, but regulatory approvals are essential.
A comprehensive agreement should specify service levels, uptime guarantees, data ownership, liability clauses, data protection measures, incident response, termination terms, and dispute resolution mechanisms. Legalization and notarization may be required for enforceability.
The main regulatory bodies include the Bangladesh Telecommunication Regulatory Commission and the Bangladesh Computer Council. Regular inspections, certifications, and audits are conducted to ensure compliance.
A qualified lawyer can guide you through legal remedies for contract breaches, negotiate settlements, represent you before regulatory bodies, and advise on regulatory reporting requirements during a data breach or operational dispute.
If you seek legal guidance or want to learn more about data center and digital infrastructure laws in Bangladesh, these resources may be helpful:
If you require assistance with data center or digital infrastructure matters, follow these recommended steps:
Taking these steps can help protect your interests, ensure regulatory compliance, and support successful operation in Bangladesh’s dynamic digital infrastructure sector.
