Data Centres

Recent Articles

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  20/06/2024

  Italy

  Italian Supreme Court Upholds OECD Transfer Pricing Rules

  The decisions of the Italian Supreme Court nos. 10577/2024 and 10499/2024 (concerning the same case for corporate income tax and regional income tax purposes) confirm important principles regarding transfer pricing transactions between associated companies.Firstly, the approach taken in the previous decision of the Italian Supreme Court no. 15668/2022 (available here) is confirmed with regard to the relevance of the arm’s length principle set forth by Article 9 of the OECD Model Tax Convention and included in Article 110, par. 7 of the Italian Income Tax Code.Moreover, the principle that,...

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  14/12/2023

  United Kingdom

  Key issues to consider when outsourcing to a data centre provider

  Businesses are increasingly becoming reliant on data centres to support their data storage and processing needs as business use and reliance on data has grown exponentially, often at a pace that exceeds the capacity of traditional in-house data management systems.  Data centres can offer businesses agility, scalability, state of the art security controls and robust disaster recovery mechanisms, for the storage and processing of data, allowing businesses to focus their internal resources more strategically.  However, taking the value of business data together with the ever present risk...

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  01/12/2023

  England and Wales

  Woodlands Data Centre Refusal: key observations

  On 30 October 2023, the Secretary of State (“SoS”) on a recovered appeal refused to grant planning permission for a ‘hyperscale’ data centre within the Buckinghamshire Green Belt on the outskirts of Greater London.Situated within the Slough Availability Zone (“SAZ”), a recognized area for data centres spanning multiple counties, the 52-hectare former landfill site adjacent to the M25, south of Slough Road, was earmarked by developers for outline consent for data centre development (B8 (data centre)) of up to 163,000sqm across three buildings.The proposed development,...

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  23/11/2022

  Netherlands

  Netherlands prohibits creating hyperscale data centres until national guidelines are passed

  On 16 February 2022, the Netherlands' Ministry of the Interior (Ministerie van Binnenlandse zaken en koninkrijksrelaties) made a preliminary decision on government regulations for hyperscale data centres. According to the decision, it is prohibited to change the use of grounds and buildings in such way that a hyperscale data centre can be established until new national conditions for establishing hyperscale data centres have been determined.This 'preliminary decision' was taken to prevent new hyperscale data centres from being established at locations that may not meet the new conditions now being...

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  22/06/2022

  United Kingdom

  Impact of the National Security and Investment Act 2021 on real estate transactions

  The National Security and Investment Act 2021 Act (“Act”) has established a new regime for the United Kingdom that allows the Secretary of State for Business, Energy and Industrial Strategy (“SoS”) to screen a wide variety of transactions for national security purposes.There is a mandatory notification regime applicable to certain corporate transactions within specified sectors, which will require those transactions to be notified for approval by the SoS before completion. Failure to do so will render the transaction void.There is also a voluntary notification regime applicable...

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  09/02/2022

  United Kingdom

  National Security and Investment Act 2021 – impact on Real Estate and Data Centres

  SummaryThe new regulatory landscape born from the UK’s National Security and Investment Act 2021 (the Act) shows a substantial increase in national security investment screening powers. Enforced retrospectively for deals that completed on or after 12 November 2020, the regime is set to have a significant effect on UK transactions, with new notification requirements for corporate and asset acquisitions and new governmental powers.The Government has created a new division within the Department for Business, Energy and Industrial Strategy (BEIS), the Investment Security Unit (ISU), which will...

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