Best Data Center & Digital Infrastructure Lawyers in Denver

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Arnold & Porter Kaye Scholer LLP
Denver, United States

Founded in 1946
2,057 people in their team
English
At Arnold & Porter, we are client-driven and industry-focused. Our lawyers practice in more than 40 practice areas across the litigation, regulatory and transactional spectrum to help clients with complex needs stay ahead of the global market, anticipate opportunities and address issues that...
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About Data Center & Digital Infrastructure Law in Denver, United States

Data centers and digital infrastructure are critical components of modern business operations in Denver, United States. These facilities house computer systems, storage, networking equipment, and support services that process and store digital information. As technology and connectivity needs continue to grow, so do the complexities of laws and regulations governing these spaces. Data Center & Digital Infrastructure Law refers to the wide range of legal matters associated with the planning, construction, operation, and regulation of data centers and interconnected digital networks in the Denver area.

Why You May Need a Lawyer

There are many scenarios where legal assistance becomes necessary in the realm of data centers and digital infrastructure. Common reasons include:

  • Negotiating or drafting lease and service-level agreements for data center space
  • Ensuring regulatory compliance regarding data privacy, security, and environmental impact
  • Handling zoning and land use approvals for new data center developments
  • Managing intellectual property and software licensing issues associated with digital infrastructure
  • Addressing connectivity agreements, utility disputes, and vendor contracts
  • Resolving business disputes, including breaches of contract or negligence claims
  • Assisting with mergers, acquisitions, or financing deals related to data center assets
  • Advising on risk management, cybersecurity incidents, and regulatory investigations

Local Laws Overview

Denver has a comprehensive legal framework governing data center and digital infrastructure projects. Key local laws and regulations include:

  • Zoning and Land Use: Data centers must comply with Denver zoning codes which dictate permissible locations for their development and operational standards.
  • Building Codes and Permits: Construction or expansion of data centers requires adherence to city building codes, electrical codes, and the permitting process.
  • Environmental Compliance: Operators are subject to regulations on energy consumption, emissions, water usage, and electronic waste management, often enforced by Colorado Department of Public Health & Environment and Denver’s Department of Public Health & Environment.
  • Data Privacy and Security: Compliance with state and federal data protection laws is crucial, especially regarding consumer information and breach notification standards outlined in the Colorado Protections for Consumer Data Privacy law.
  • Connectivity and Utility Access: Data centers must navigate agreements with local utilities, broadband providers, and adhere to public safety standards for infrastructure.

Frequently Asked Questions

What is a data center?

A data center is a facility that houses servers, storage, and networking equipment used to store, process, and distribute digital data for organizations and cloud services.

Do data centers in Denver need special permits?

Yes, data centers require building permits, zoning approvals, and in some cases, environmental clearances from city and state authorities before construction or major upgrades.

What laws govern data protection for data centers in Denver?

Data centers in Denver must comply with both federal regulations such as the Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act, as well as state-specific laws like the Colorado Data Privacy Law.

Who regulates data center infrastructure in Denver?

Regulation comes from a combination of local city departments, the Colorado Department of Public Health & Environment, federal agencies, and industry standards organizations.

What are common legal risks for data centers?

Risks include failing to comply with regulatory requirements, data breaches, contract disputes, physical security incidents, and noncompliance with environmental standards.

Is it necessary to have a legal review for a data center lease?

Yes, leasing agreements for data centers can be complex and having a seasoned attorney review terms can protect business interests and ensure clarity on liability, uptime guarantees, and data security clauses.

How do local building codes impact data center projects?

Building codes affect site selection, design, fire safety measures, climate control, power supply, and overall compliance for safe and efficient operation.

What should I do if my data center suffers a data breach?

Immediate legal counsel is advised to comply with mandatory notification laws, mitigate liability, and coordinate with regulators and affected parties.

How can I ensure compliance with energy laws and sustainability standards?

Work with legal and environmental experts to interpret and implement Denver and Colorado sustainability mandates relating to emissions, energy consumption, and renewable integration.

Can a data center operate anywhere in Denver?

No, data centers must be located in zones designated by the city’s zoning laws, which often restrict heavy infrastructure to commercial or industrial areas to minimize impact on residential neighborhoods.

Additional Resources

Consider reaching out to the following organizations and authorities for further guidance and advocacy in Denver:

  • City and County of Denver’s Community Planning and Development Department
  • Colorado Public Utilities Commission
  • Denver Department of Public Health & Environment
  • Colorado Department of Public Health & Environment
  • Colorado Technology Association
  • Uptime Institute (for industry standards and certification)
  • Federal Trade Commission (for privacy guidelines)

Next Steps

If you are planning a data center project or managing digital infrastructure issues in Denver, consider the following next steps:

  • Assess your project or legal concern and identify any immediate compliance or risk considerations
  • Gather all relevant documents, contracts, and communications related to your query
  • Consult with a qualified Denver-based attorney who has experience with data center and digital infrastructure laws
  • Engage with regulatory agencies early to understand all applicable requirements
  • Stay informed about local ordinances, state laws, and evolving federal regulations affecting digital infrastructure

Legal guidance can help you navigate complex regulations, protect your business interests, and ensure the security and sustainability of your data center operations in Denver, United States.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.