Digital Infrastructure Bill

This Act is the Digital Infrastructure Act 2026 and comes into operation on a date that the Minister appoints by notification in the Gazette.

In this Act —“authorised officer” means an individual appointed as such under section 5;“Authority” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016;“business entity” means —

a corporation;

an unincorporated association;

a partnership; or

a limited liability partnership registered under the Limited Liability Partnerships Act 2005;“business trust” has the meaning given by section 2 of the Business Trusts Act 2004;“carbon dioxide equivalence” has the meaning given by section 2(1) of the Carbon Pricing Act 2018;“cloud computing service” means a service, delivered from a computer or computer system in Singapore or outside Singapore, that enables on‑demand administration of and broad remote access to a scalable and elastic pool of shareable computing resources, including where such resources are distributed across several locations;“code of practice” means —

for the purposes of Part 3, any code of practice issued or approved by the Authority under section 16(1), and includes such code of practice as may be amended from time to time; and

for the purposes of Part 4, any code of practice issued or approved by the Authority under section 37(1), and includes such code of practice as may be amended from time to time;“company” has the meaning given by section 4(1) of the Companies Act 1967;“computer” means an electronic, magnetic, optical, electrochemical, or other data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device;“computer program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function;“computer system” means an arrangement of interconnected computers that is designed to perform one or more specific functions, and includes —

an information technology system; and

an operational technology system such as an industrial control system, a programmable logic controller, a supervisory control and data acquisition system, or a distributed control system;“corporation” has the meaning given by section 4(1) of the Companies Act 1967;“critical IT load”, in relation to a data centre, means the maximum electrical power capacity for which the data centre is designed to supply electrical power to any information technology and network telecommunications equipment (including computer servers) that provide storage, processing and transport of data, and that are hosted within the data centre;“cybersecurity”, “cybersecurity incident” and “cybersecurity threat” have the meanings given by section 2(1) of the Cybersecurity Act 2018;“data centre” means a structure, or group of structures, encompassed within a facility in Singapore, that houses —

facilities dedicated to the centralised accommodation, interconnection and operation of information technology and network telecommunications equipment (including computer servers), being equipment that provide storage, processing and transport of data; and

facilities and infrastructure for power distribution and environmental control in respect of the information technology and network telecommunications equipment mentioned in paragraph (a), and that carries a critical IT load of 3 megawatts (MW) or more;“data centre facility service” means a service provided in a data centre for the centralised accommodation, interconnection and operation of information technology and network telecommunications equipment (including computer servers) that provide storage, processing and transport of data, together with all facilities and infrastructure for power distribution and environmental control in respect of such equipment, and —

includes a service to host, within the data centre, the computers or computer systems of a party other than the party operating the data centre;

includes a service provided in a data centre where the service is used solely by the party operating the data centre to provide a cloud computing service to one or more other parties unrelated to itself; and

except as provided in paragraph (b), excludes a service provided in a data centre where the service is used solely by the party operating the data centre;“DC licence” means a licence granted or renewed under section 24 to operate a data centre in Singapore;“digital infrastructure service” means a service delivered through physical hardware, or physical hardware and associated software (including virtualisation software), that enables the storage, processing or transport of data across computer networks so as to enable information and communications systems to operate with one another, and which is used directly or indirectly for the provision of a digital service, but excludes an internet access service within the meaning given by section 2(1) of the Broadcasting Act 1994;“digital service” means any service normally provided for remuneration, that is provided by one party to another party at the individual request of the other party, entirely through electronic means and without needing the parties’ simultaneous physical presence, but does not include such services as the Minister may, by order in the Gazette, prescribe;“EDB” means the Economic Development Board established under section 3 of the Economic Development Board Act 1961;“eligible international carbon credit” means an international carbon credit that —

meets the criteria prescribed by the Minister; and

is accepted as an eligible international carbon credit by the Authority in accordance with any direction of the Minister;“foundational digital infrastructure service” means any digital infrastructure service specified as a foundational digital infrastructure service in the Schedule;“greenhouse gas” has the meaning given by section 2(1) of the Carbon Pricing Act 2018;“international carbon credit” means a certificate representing one tonne of greenhouse gas emission reductions or removals measured in metric tonnes of carbon dioxide equivalence, generated from any project or programme outside Singapore;“investigation officer” means an individual who is appointed as such under section 6;“licensee” —

in relation to Part 3, means a holder of a major FDI licence; and

in relation to Part 4, means a holder of a DC licence;“loss or impairment”, in relation to the provision of a major foundational digital infrastructure service, includes the loss or impairment of the availability, confidentiality or integrity of data stored, transported or processed through the provision of that service;“major FDI licence” means a licence granted or renewed under section 8 to provide a major foundational digital infrastructure service —

whether from within or outside Singapore, to users in Singapore; or

wholly or partially from Singapore, to users in or outside Singapore;“major foundational digital infrastructure service” means any foundational digital infrastructure service —

if provided from within or outside Singapore to users in Singapore — the loss or impairment of the provision of which is likely to lead to or cause disruption or deterioration of the operations of a large number of businesses or organisations in Singapore which rely on or are enabled by that service; (b)if provided wholly or partially from Singapore to users in or outside Singapore — the loss or impairment of the provision of which is likely to lead to or cause disruption or deterioration of the operations of a large number of businesses or organisations (in or outside Singapore) which rely on or are enabled by that service; and

which is specified in the Schedule; “Minister” means —

except as provided in paragraphs (b) and (c), the Minister charged with the responsibility for regulating digital infrastructure services and data centres; (b)for the purposes of the definition of “eligible international carbon credit” in this section, section 25(3)(b)(iii) and (c)(ii), the definition of “prescribed energy source” in section 25(7), and sections 68 and 69 — the Minister charged with the responsibility for coordinating policies associated with climate change; and

for the purposes of section 60(10)(e) — the Minister charged with the responsibility for regulating digital infrastructure services and data centres or the Minister charged with the responsibility for coordinating policies associated with climate change, as appropriate;“modification” or “modify”, in relation to the conditions of a DC licence or major FDI licence, includes deleting, varying and substituting a condition, and adding a condition;“non‑reckonable greenhouse gas emission” means any emission of a greenhouse gas specified in the first column of Part 2 of the Second Schedule to the Carbon Pricing Act 2018 in the circumstances described in the second column of Part 2 of that Schedule opposite the greenhouse gas;“permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959;“public authority” means any body established or constituted by or under any public Act to perform a public function, but excludes a Town Council;“reckonable greenhouse gas emission” means any emission of a greenhouse gas other than a non‑reckonable greenhouse gas emission;“trustee‑manager”, in relation to a business trust, has the meaning given by section 2 of the Business Trusts Act 2004;“user”, in relation to a digital infrastructure service, means a person who has been provided the digital infrastructure service;“user in Singapore” —

in relation to an individual, means a user who is ordinarily resident in Singapore; and

in relation to a business entity, means a user which is registered (even if incorporated outside Singapore) or incorporated under any written law.

Part 3 (licensing of major foundational digital infrastructure service providers) (except section 14) applies to any provider of a major foundational digital infrastructure service that —

Section 14 (power to obtain information to ascertain if service is major foundational digital infrastructure service) applies to any person (whether located in or outside Singapore) that an authorised officer has reason to believe is providing a foundational digital infrastructure service which may be a major foundational digital infrastructure service.

Subject to subsection (5), Part 4 (licensing of data centre operators) (except section 34) applies to every operator of a data centre located in Singapore, whether the operator is located in or outside Singapore.

Section 34 (power to obtain information to ascertain if facility is data centre) applies to any person (whether located in or outside Singapore) that an authorised officer has reason to believe is operating a structure or group of structures encompassed within a facility in Singapore which may be a data centre.

Part 4 does not apply to —

For the purposes of subsection (5)(c), “educational institution” means —