Best Data Center & Digital Infrastructure Lawyers in Hashemite Kingdom of Jordan

About Data Center & Digital Infrastructure Law in Hashemite Kingdom of Jordan

Data center and digital infrastructure law in the Hashemite Kingdom of Jordan is an emerging field addressing the legal, technical, and regulatory aspects of building, operating, and maintaining data centers and related technology infrastructure. With the country's push toward digital transformation, Jordan has seen growth in cloud computing, data storage facilities, and robust internet connectivity. Laws and regulations in this area are designed to encourage foreign investment, ensure data protection and cybersecurity, and facilitate technological innovation while preserving national security interests.

Why You May Need a Lawyer

Navigating the data center and digital infrastructure sector in Jordan may require legal expertise for several reasons. Legal assistance is often needed during business formation, when negotiating land use for data centers, dealing with government licensing and permits, drafting and reviewing service-level agreements, understanding data privacy obligations, and ensuring compliance with telecommunications regulations. Additionally, lawyers can help with disputes or regulatory investigations, and advise on cross-border data transfers, intellectual property protection, and investment structuring. If you are launching, investing in, or operating any aspect of data infrastructure or data centers in Jordan, a lawyer can help safeguard your interests and ensure compliance with all applicable laws.

Local Laws Overview

Jordan has enacted various laws and regulations that impact data center operations and digital infrastructure. Key aspects include:

• The Telecommunications Law and regulations from the Telecommunications Regulatory Commission (TRC) govern the establishment of telecom and internet infrastructure, requiring appropriate licensing and adherence to technical standards.
• The Cybercrime Law addresses offenses related to unauthorized access, data breaches, and the misuse of electronic information.
• The Electronic Transactions Law provides the framework for e-signatures and electronic records, crucial for data management and digital transactions.
• The Personal Data Protection Law (recently enacted) imposes obligations on entities handling personal information, such as obtaining consent, keeping data secure, and notifying of breaches.
• There are ongoing updates and sector-specific instructions, such as cloud computing guidelines, data sovereignty reservations, and anti-money laundering requirements for tech platforms.
• Zoning and environmental regulations can impact the physical location of infrastructure facilities, requiring compliance with local land use and building laws.

These legal frameworks are overseen by governmental bodies such as the Ministry of Digital Economy and Entrepreneurship and the TRC, each with its own set of requirements, application processes, and compliance duties for operators and investors.

Frequently Asked Questions

What are the main regulatory bodies overseeing data centers in Jordan?

The Telecommunications Regulatory Commission (TRC) and the Ministry of Digital Economy and Entrepreneurship are the primary regulators for data centers and digital infrastructure in the country.

Is it necessary to obtain a license to operate a data center in Jordan?

Yes, operating a data center may require telecommunication or IT-specific licenses, as well as sectoral approvals depending on the services offered and data handled.

Does Jordan have a data localization law?

There are sector-specific requirements for data localization, particularly for financial and governmental data. Entities should carefully review the latest regulations in their industry.

What data protection obligations apply to data centers in Jordan?

Obligations include securing personal data, obtaining user consent, notifying affected parties of breaches, and possibly storing certain sensitive data within the country as mandated by law.

How are cross-border data transfers regulated in Jordan?

Cross-border data transfers are subject to restrictions under the Personal Data Protection Law and sectoral regulations. Transfers may require approvals or justifications, especially for sensitive or governmental data.

What are the penalties for violating data protection or cybersecurity laws?

Penalties can range from administrative fines to criminal liability for severe breaches, including imprisonment for intentional acts that compromise information security.

Can foreign companies own and operate data centers in Jordan?

Yes, foreign ownership is permitted, although some sectors or locations might have restrictions, and joint ventures with local firms may be encouraged for certain projects.

What are typical contractual issues for data center operators?

Issues can include service-level agreement terms, liability limitations, data ownership, breach notification clauses, and the scope of services and warranties provided.

Are there specific environmental or zoning laws for building data centers?

Yes, data centers are subject to land use, zoning, and environmental impact assessment regulations by local municipalities. Proper site selection and compliance with building codes are essential.

How can businesses ensure ongoing compliance with digital infrastructure laws?

They should work with legal counsel to conduct regular compliance reviews, stay updated with regulatory changes, train staff, and adopt best practices for data security and operations.

Additional Resources

For further assistance or information, consider contacting the following resources:

• Telecommunications Regulatory Commission (TRC) - Responsible for telecom and data infrastructure regulation.
• Ministry of Digital Economy and Entrepreneurship - Oversees national digital transformation and data policy.
• Jordan Investment Commission - Supports foreign direct investment and can clarify requirements for data center projects.
• Jordan Computer Society - Offers industry updates and professional networking for IT and data professionals.
• Licensed law firms experienced in technology, media, and telecommunications law in Jordan.

Next Steps

If you are considering setting up, investing in, or operating a data center or digital infrastructure project in Jordan, your next steps should include:

• Consulting a specialized lawyer familiar with telecommunications, IT, and data protection regulations in Jordan.
• Reviewing your current or planned business model for compliance with local licensing, data protection, and zoning requirements.
• Reaching out to relevant government bodies for preliminary regulatory guidance and to obtain necessary permits or approvals.
• Preparing contracts, policies, and technical documentation that meet legal and industry standards.
• Regularly monitoring legal developments in this rapidly evolving sector and adapting your operations as needed for ongoing compliance.

Working with local experts can help you avoid common pitfalls and ensure that your organization benefits from Jordan's supportive digital ecosystem while maintaining full regulatory compliance.