Best Data Center & Digital Infrastructure Lawyers in Uzbekistan

About Data Center & Digital Infrastructure Law in Uzbekistan

Uzbekistan is rapidly emerging as an attractive destination for digital innovation, making data centers and digital infrastructure increasingly vital. The country has prioritized the growth of its digital economy by investing in modern IT hubs, data centers, and cloud infrastructure. This sector is governed by a combination of national laws, regulations, and policies aimed at promoting the safe, secure, and efficient operation of data facilities while encouraging foreign and domestic investments.

Data center and digital infrastructure law in Uzbekistan covers issues such as data protection, cross-border data flow, service provider requirements, cybersecurity, and infrastructure construction and operation standards. Understanding these legal requirements is essential for organizations planning to establish or expand their data-driven operations in Uzbekistan.

Why You May Need a Lawyer

Engaging a lawyer with expertise in data center and digital infrastructure law can help you navigate the complex regulatory environment of Uzbekistan. Here are some common situations where legal help is essential:

• Complying with national data localization, privacy, and cybersecurity laws for hosting data or operating cloud services.
• Drafting, reviewing, or negotiating contracts related to construction, leasing, or procurement of data center infrastructure.
• Securing governmental permits, licenses, or meeting environmental and urban planning requirements for new data centers.
• Managing compliance with sector-specific regulations for technology, telecommunications, or critical information resources.
• Responding to data breach incidents and complying with mandatory reporting obligations.
• Dealing with cross-border data transfer restrictions or requirements.
• Resolving disputes relating to intellectual property, service outages, or contractual breaches.
• Navigating foreign investment policies and incentives for tech and ICT projects.

Local Laws Overview

Uzbekistan’s legal framework for data centers and digital infrastructure is shaped by several key laws and government resolutions. Some of the most relevant aspects include:

• Data Protection and Privacy: The Law on Personal Data (2019) requires personal data of Uzbekistani citizens to be stored and processed on servers physically located within Uzbekistan, subject to certain exceptions.
• Cybersecurity Regulation: The Law on Cybersecurity (2022) establishes mandatory measures for information protection, risk assessment, and technical security requirements for critical infrastructure operators, including data centers.
• Licensing and Certification: Operating certain categories of data centers may require registration with the Ministry for Development of Information Technologies and Communications of Uzbekistan (MITC), and meeting established technical standards.
• Infrastructure Development: Construction of new data facilities often falls under urban planning and environmental assessment regulations, including compliance with land use and construction permits.
• Cross-Border Data Transfers: Exporting personal data outside Uzbekistan is allowed only under certain circumstances, following consent requirements and adequate data protection safeguards.
• Investment Incentives: Special economic zones and IT parks offer tax and customs concessions for digital infrastructure and data center projects, but strict criteria and registration procedures apply.

The legal environment is evolving, so it is crucial to stay updated on regulatory changes and best practices in this dynamic sector.

Frequently Asked Questions

What are the legal requirements for building and operating a data center in Uzbekistan?

Data center operators must comply with construction regulations, ensure proper land use permits are obtained, register their operations with relevant authorities, and follow national standards for technical, fire, and information security. Certain facilities may also need certification or licenses from MITC.

Is data localization mandatory in Uzbekistan?

Yes, personal data of Uzbekistani citizens must generally be stored and processed on servers located within Uzbekistan, with limited exceptions. Non-compliance may result in administrative penalties or restrictions.

What are the main data protection obligations for data center operators?

Operators must implement measures to safeguard personal data from unauthorized access, meet privacy policy transparency requirements, and obtain consent from individuals for data processing, especially for cross-border transfers.

Can foreign investors own and operate data centers in Uzbekistan?

Yes, foreign investors can own and operate data centers, subject to compliance with national laws, registration procedures, and, in some cases, special incentives or restrictions based on the project's location or sector.

Are there cybersecurity requirements for data centers?

Under the Law on Cybersecurity, data centers classified as critical infrastructure must implement technical and organizational measures to prevent cyber incidents, regularly assess risks, and follow incident reporting procedures.

What are the rules for cross-border transfer of data?

Cross-border transfer of personal data is permitted if adequate protection is ensured in the receiving country and written consent is obtained from data subjects, or if required by law for specific purposes.

Do data centers need environmental permits in Uzbekistan?

Yes. Construction projects may require an environmental impact assessment and compliance with national and local regulations on land use, construction, and energy consumption.

How can data centers benefit from state incentives?

Projects located in IT parks or special economic zones may benefit from tax exemptions, customs advantages, or other incentives if they meet established eligibility criteria and follow the application process with the managing authorities.

What should be included in a data center service contract?

Key elements include clear service level agreements, data protection clauses, liability and indemnity terms, compliance with technical standards, incident response mechanisms, and dispute resolution procedures.

What happens in case of a data breach?

Operators must notify the relevant regulatory authority and affected individuals as required by law, investigate the breach, mitigate its impact, and take corrective actions to prevent recurrence. Failure to do so can lead to fines or suspension of operations.

Additional Resources

• Ministry for Development of Information Technologies and Communications of the Republic of Uzbekistan (MITC) - Regulates IT and communications sectors.
• State Personalization Center under the Cabinet of Ministers - Supervises data protection and privacy compliance.
• IT Park Uzbekistan - Offers incentives and support services for digital infrastructure projects.
• Agency for Strategic Reforms - Provides guidance for foreign investors in strategic industries.
• Uzbekistan National Agency of Project Management (NAPM) - Involved in oversight of strategic infrastructure development.
• Local law firms and consultancy providers specializing in ICT and digital infrastructure law.

Next Steps

If you are considering engaging in data center or digital infrastructure activities in Uzbekistan, or if you need legal advice concerning these sectors, follow these steps:

• Clearly define your project goals or the specific issue you are facing.
• Gather all relevant documents such as permits, contracts, and correspondence.
• Research suitable law firms or legal consultants in Uzbekistan with proven experience in the digital infrastructure sector.
• Arrange a consultation to discuss your needs and to receive preliminary legal advice on compliance, risks, and next actions.
• Keep abreast of regulatory developments affecting data centers and digital infrastructure operations.
• Consider ongoing legal support, especially if planning long-term investments or partnerships in Uzbekistan.

Staying well-informed and consulting experienced legal professionals is the best way to minimize risks and maximize the success of your data center or digital infrastructure project in Uzbekistan.