Best Data Center & Digital Infrastructure Lawyers in Taiwan

About Data Center & Digital Infrastructure Law in Taiwan, Taiwan

Data centers and digital infrastructure play a crucial role in supporting Taiwan's digital economy and technological advancements. As a hub for global technology and information services, Taiwan has experienced significant growth in its cloud computing, data storage, and digital connectivity sectors. Operating in this field involves navigating a complex legal environment that includes data protection, cybersecurity, real estate, construction, environmental regulations, intellectual property, telecommunications, and cross-border data flows. Understanding these multifaceted requirements is essential for businesses building, operating, or investing in data centers and digital infrastructure projects in Taiwan.

Why You May Need a Lawyer

Engaging in data center and digital infrastructure activities in Taiwan often requires legal expertise to ensure compliance with stringent local laws and to manage contractual and operational risks. Common situations that may require legal advice include:

• Securing necessary permits and approvals for new data center construction
• Navigating contractual agreements for leasing or service level agreements
• Ensuring compliance with Taiwan's data protection and cybersecurity regulations
• Managing cross-border data transfer issues
• Resolving disputes with vendors, contractors, or customers
• Negotiating power supply and land use agreements
• Understanding the tax implications of infrastructure investments
• Obtaining guidance on environmental and energy efficiency standards
• Addressing intellectual property issues in digital infrastructure projects
• Responding to data breaches or cyber incidents

Local Laws Overview

Taiwan has developed a sophisticated legal framework to support its digital infrastructure expansion while ensuring data security and regulatory compliance. Key aspects of the legal environment include:

• Data Protection: The Personal Data Protection Act (PDPA) sets comprehensive rules on collecting, processing, and transferring personal data. Organizations operating data centers must secure explicit consent from data subjects and ensure robust safeguards for stored data.
• Cybersecurity: The Cybersecurity Management Act imposes obligations on critical infrastructure operators, which may include data centers, to implement security measures, conduct risk assessments, and report incidents.
• Environmental Regulations: Data center construction and operations must comply with environmental laws governing energy use, emissions, and waste management.
• Telecommunications: The Telecommunications Management Act regulates network access, interconnection, and service provision, affecting data center connectivity.
• Cross-Border Data Transfer: Restrictions may apply to exporting personal data, especially to jurisdictions without adequate legal protections.
• Land Use and Construction: Local zoning, land use, and construction permits are mandatory for site selection and facility development.

Frequently Asked Questions

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

You will need land use approval, an environmental impact assessment, a building permit, and various utility access permissions before construction can begin. Legal guidance ensures all required documents are submitted correctly.

Can foreign companies own and operate data centers in Taiwan?

Yes, foreign companies can invest in or wholly own data centers, but certain restrictions and registration requirements may apply. Legal due diligence is recommended to address investment and operational compliance.

How does the Personal Data Protection Act affect data centers?

The PDPA regulates how personal data is collected, processed, and stored. Data centers must implement strict procedures to ensure data privacy, security, and transparency regarding data handling practices.

Is it legal to transfer Taiwanese data overseas?

Cross-border data transfer is allowed but subject to approval, especially when exporting personal data to jurisdictions without similar protection levels. Compliance with PDPA requirements is essential.

What cybersecurity obligations do data centers have?

Data centers considered critical infrastructure must implement security measures, conduct regular risk assessments, and report major cybersecurity incidents to authorities in accordance with the Cybersecurity Management Act.

Are there special tax incentives for data center investments?

Certain incentives and benefits may be available through governmental development programs or special economic zones. A lawyer can help identify and apply for these incentives.

What are the main environmental compliance requirements?

Data centers must comply with regulations on power consumption, the use of renewable energy, emission standards, and waste disposal under Taiwan's Environmental Protection laws.

What should be included in a data center service agreement?

Service agreements should address performance standards, security obligations, data ownership, liability, dispute resolution, and termination clauses to manage risks for both parties.

How do I resolve disputes involving digital infrastructure projects?

Disputes are typically resolved through negotiation, mediation, or arbitration as specified in contracts. Litigation is also an option in Taiwan's courts. Legal advice is vital for effective dispute resolution.

Who regulates the telecommunications aspects of data center operations?

The National Communications Commission (NCC) is the principal regulatory body overseeing telecommunications, including the necessary network licenses and interconnection rights required for data centers.

Additional Resources

The following organizations and governmental bodies are important sources of information for legal and regulatory issues concerning data centers and digital infrastructure in Taiwan:

• Ministry of Digital Affairs
• National Communications Commission (NCC)
• Ministry of Economic Affairs
• Environmental Protection Administration
• Industrial Development Bureau
• Information Security Center, Institute for Information Industry
• Taipei Computer Association
• Taiwan Internet and E-Commerce Association
• American Chamber of Commerce in Taiwan

Next Steps

If you are seeking legal advice regarding data center and digital infrastructure matters in Taiwan, consider the following steps to ensure you make informed decisions:

• Identify your specific legal concerns, such as regulatory compliance, contract negotiation, investment, or dispute resolution.
• Gather all relevant documents and details about your project or business activities.
• Consult with a lawyer experienced in data center and digital infrastructure law in Taiwan.
• Request a legal assessment to understand your obligations and potential risks.
• Develop a compliance and risk management strategy based on legal advice received.
• Monitor changes in laws and regulations affecting your operations and involve legal counsel in major decisions.

Taking early action with the help of an experienced legal professional can help you avoid costly mistakes and ensure your data center and digital infrastructure projects in Taiwan operate smoothly and successfully.