Digital Infrastructure Bill · cl 23

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—(1) A person (whether located in or outside Singapore) must not operate a data centre in Singapore, unless the person has in force a DC licence granted under section 24 that entitles the person to operate the data centre.(2) For the purposes of this Act —(a)a person is deemed to operate a data centre if the person controls the introduction and implementation of one or more of the following for the data centre, whether the data centre is operated for the purposes of provision by the person of a data centre facility service or for the person’s own use:(i)operating policies;(ii)maintenance policies;(iii)environmental policies; and(b)if more than one person satisfies paragraph (a) at any one time, then the person that has the greatest authority to introduce and implement the policies mentioned in that paragraph (and not the other person or persons) is taken to control the introduction and implementation of those policies.(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.(4) In this section, “environmental policies”, in relation to a data centre, means policies to minimise or mitigate the environmental impact of operating the data centre, including the environmental impact of —(a)the use of energy in operating the data centre; and(b)the use of water in operating the data centre.
A person (whether located in or outside Singapore) must not operate a data centre in Singapore, unless the person has in force a DC licence granted under section 24 that entitles the person to operate the data centre.
For the purposes of this Act —(a)a person is deemed to operate a data centre if the person controls the introduction and implementation of one or more of the following for the data centre, whether the data centre is operated for the purposes of provision by the person of a data centre facility service or for the person’s own use:(i)operating policies;(ii)maintenance policies;(iii)environmental policies; and(b)if more than one person satisfies paragraph (a) at any one time, then the person that has the greatest authority to introduce and implement the policies mentioned in that paragraph (and not the other person or persons) is taken to control the introduction and implementation of those policies.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.
In this section, “environmental policies”, in relation to a data centre, means policies to minimise or mitigate the environmental impact of operating the data centre, including the environmental impact of —(a)the use of energy in operating the data centre; and(b)the use of water in operating the data centre.

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cl 23Licensing of data centre operators

(1)

A person (whether located in or outside Singapore) must not operate a data centre in Singapore, unless the person has in force a DC licence granted under section 24 that entitles the person to operate the data centre.

(2)

For the purposes of this Act —

(a)

a person is deemed to operate a data centre if the person controls the introduction and implementation of one or more of the following for the data centre, whether the data centre is operated for the purposes of provision by the person of a data centre facility service or for the person’s own use:

(i)

operating policies;

(ii)

maintenance policies;

(iii)

environmental policies; and

(b)

if more than one person satisfies paragraph (a) at any one time, then the person that has the greatest authority to introduce and implement the policies mentioned in that paragraph (and not the other person or persons) is taken to control the introduction and implementation of those policies.

(3)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

(4)

In this section, “environmental policies”, in relation to a data centre, means policies to minimise or mitigate the environmental impact of operating the data centre, including the environmental impact of —

(a)

the use of energy in operating the data centre; and

(b)

the use of water in operating the data centre.