Best Data Center & Digital Infrastructure Lawyers in Romania

About Data Center & Digital Infrastructure Law in Romania

Data centers and digital infrastructure have become essential components supporting the rapid digital transformation across Romania. These facilities house computer systems and associated components, such as telecommunications and storage systems, and are critical for managing data, supporting cloud services, and enabling digital communication. The legal landscape surrounding data centers and digital infrastructure is continuously evolving, reflecting growing concerns about data security, privacy, operational resilience, and compliance with European and national regulations. In Romania, establishing, operating, or investing in data centers or associated infrastructure demands a solid understanding of local legal frameworks, from real estate laws to data protection, cybersecurity, and business licensing requirements.

Why You May Need a Lawyer

Data center and digital infrastructure operations in Romania often involve complex legal matters. You may need a lawyer for a variety of reasons, including:

• Obtaining the correct permits and approvals to build or expand a data center
• Understanding and ensuring compliance with data protection regulations such as GDPR
• Drafting and negotiating contracts with vendors, clients, or cloud service providers
• Addressing intellectual property concerns for proprietary technology or software
• Resolving disputes over service level agreements or outages
• Ensuring physical and cyber security compliance according to Romanian and EU standards
• Navigating cross-border data transfer laws and restrictions
• Dealing with tax and investment incentives or liabilities for technology infrastructure
• Managing employment law issues related to specialized staff and 24/7 operations

A specialized lawyer can guide you through these challenges, reduce legal risks, and help you make informed decisions.

Local Laws Overview

Several key laws and regulations impact data centers and digital infrastructure in Romania:

• Data Protection: Romania is subject to the General Data Protection Regulation (GDPR) and has its own implementation laws. These rules regulate how personal data is processed, stored, and transferred, including within and across borders.
• Cybersecurity: The Romanian National Cyber Security Directorate oversees rules aligned with EU's NIS Directive requiring operators of essential services, such as data centers, to adopt stringent cybersecurity measures and report significant incidents.
• Real Estate & Zoning: Data centers must comply with local planning, construction, and environmental regulations. Approvals from local authorities are usually needed for land use and construction.
• Licensing & Telecommunications: If a data center provides electronic communications services, ANCOM, Romania's communications authority, may require registrations or licenses.
• Taxation & Incentives: Certain local and national tax incentives may be available for investing in tech infrastructure, but compliance obligations are strict and require careful legal review.
• Environmental Law: Data centers often have to meet environmental standards, particularly regarding energy usage, emissions, and waste.

In addition, commercial laws govern contracts, service agreements, and business operations, while employment law standards affect staffing and workplace conditions. A lawyer familiar with these local intricacies is crucial for effective and compliant operations.

Frequently Asked Questions

What permits are required to build a data center in Romania?

You will need various permits including land use approvals, environmental permits, construction permits, and utility authorizations. The specific requirements depend on the project location and scale.

Do data centers in Romania need to comply with GDPR?

Yes, all data centers operating in Romania must comply with GDPR along with national data protection laws, especially when processing personal data of EU residents.

Are there specific cybersecurity laws for data centers?

Yes, the NIS Directive and national legislation impose obligations on essential service providers, including data centers, to implement security measures and report incidents.

What legal issues arise from cross-border data transfers?

Transferring personal data outside the EU requires compliance with GDPR and may require additional safeguards such as Standard Contractual Clauses or adequacy decisions.

Can foreign businesses own and operate data centers in Romania?

Yes, foreign entities can own and operate data centers in Romania, but must comply with national regulations regarding company formation, property ownership, and licensing.

What contracts are necessary for data center operations?

Common contracts include facility leases, service level agreements, vendor agreements, cloud services contracts, and employment contracts. These should be reviewed for compliance and risk management.

Are there environmental restrictions related to data center operations?

Yes, data centers must comply with Romanian and EU environmental standards, especially regarding energy consumption, emissions, and waste management.

How are service outages and liability handled legally?

Service Level Agreements and local consumer protection laws address these issues. It is important that contracts clearly define outage procedures, liabilities, and remedies.

What are the employment law considerations for data centers?

Data center operators must adhere to Romanian labor laws regarding contracts, working hours, occupational health and safety, and employee data protection.

What should I do if my data center faces a security breach?

You must report significant breaches to the relevant authorities, such as the National Cyber Security Directorate and the national data protection authority, following GDPR incident notification rules. Legal counsel can help manage the notification and compliance process.

Additional Resources

If you need more information or assistance, the following organizations and resources may be useful:

• Romanian National Authority for Management and Regulation in Communications (ANCOM)
• Romanian Data Protection Authority (Autoritatea Nationala de Supraveghere a Prelucrarii Datelor cu Caracter Personal)
• Romanian National Cyber Security Directorate
• Ministry of Research, Innovation and Digitalization
• Romanian Chamber of Commerce and Industry
• European Union Agency for Cybersecurity (ENISA)
• Local business associations for IT and data center industries

Next Steps

If you think you need legal assistance with data center or digital infrastructure matters in Romania, it is important to act proactively. Gather all relevant documentation about your project, such as contracts, permits, and correspondence. Identify the specific issues you are facing, whether related to regulatory compliance, disputes, or contracts. Consult with a lawyer experienced in technology law, data protection, and Romanian regulatory requirements. Many law firms in Romania offer initial consultations and can help you assess risks, outline the best course of action, and represent your interests with authorities or business partners. Early legal advice can save time and money while helping you avoid costly mistakes.