Digital Infrastructure Bill · As enacted · Part 4 · Licensing of Data Centre Operators
40. Financial penalty
Official textFrom Singapore Statutes Online, unchanged
This section applies where a licensee —
fails, without reasonable excuse, to comply with section 35 (duty to meet environmental sustainability requirements);
fails, without reasonable excuse, to comply with section 36 (duty to submit regular reports to Authority);
contravenes or fails to comply with any provision of this Part (other than section 35 or 36), which contravention of or non‑compliance with is not an offence under this Act;
fails to comply with any condition of the DC licence; or
fails, without reasonable excuse, to comply with a written direction issued under section 38(1),and continues, after the contravention or failure to comply, to operate the data centre that is the subject of the DC licence.
On the occurrence of a contravention or failure to comply mentioned in subsection (1) (other than subsection (1)(e)), the Authority may, instead of or in addition to taking any action under section 39(1), (2) or (3) (revocation or suspension of DC licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding the higher of the following amounts:
$1 million;
10% of the licensee’s annual turnover in Singapore.
On the occurrence of a failure to comply mentioned in subsection (1)(e), the Authority may, instead of or in addition to taking any action under section 39(1) or (2) (revocation or suspension of DC licence, etc.), order the licensee to pay a financial penalty of an amount not exceeding $100,000.
The order mentioned in subsection (2) or (3) must specify the date by which the financial penalty is to be paid.
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Part 5
Reconsiderations and Appeals
Part 6
Enforcement
Part 7
Miscellaneous
Part 8
Related Amendments to Cybersecurity Act 2018
Part 9