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Data Centers

Over the last 20 years, the demand for digital data has grown explosively. Data centers now underpin our digital economy – for corporate IT services, digital media, financial services, mobile computing, social networking and internet access. The legal challenges facing data centers are unique, requiring a distinct blend of specialist legal advice. Our team of advisors are fully immersed in the sector, not only understanding the legal issues but also having a deep understanding of the data center market.

Experienced in the data center field

For decades, we have advised data center developers, owners, operators, funders, and enterprises that need or use them on matters associated with all types of data centers, including enterprise, wholesale, co-location and managed services facilities.

Our extensive experience in this area allows us to anticipate and manage the many challenges that are part of developing, owning and financing complex data centers, including site selection, due diligence, tax and structuring issues, operational and regulatory considerations, leasing and customer contracts. We also understand the full range of tenant concerns, especially the complexities of different occupational structures (and the attendant tax and accounting treatments) and service level agreements. Because data centers are energy-intensive, and electricity consumption is usually the single largest component of operational costs, we also place an emphasis on thorough energy due diligence and – when handling leasing and customer contracts - clear and concise electricity charging regimes, particularly where the data center is supported by private renewable energy sources.

Our interdisciplinary approach spans the entire data center development process including:

  • site acquisition and development
  • leasing, customer contracts and service level agreements
  • construction and infrastructure
  • energy connection and supply arrangements, including renewables
  • debt and equity financing
  • tax and structuring
  • privacy and cyber security
  • regulatory and compliance issues
  • dispute resolution

For more information about our data center offering

Data center could guide
Download our Data Center Guide

Contact our data center team

If you would like any further information or need advice related to data center law, please contact our legal team.

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© Eversheds Sutherland 2018. All rights reserved. Eversheds Sutherland is a global provider of legal services operating through various separate and distinct legal entities.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.