Data Centers | Investments & Projects

CMS is one of the world’s largest law firms, and one of the leading full-service firms in Portugal through CMS Portugal. The firm has around 80 offices in over 40 countries around the world, with more than 6,000 lawyers. Our team is best in class in Europe and has the largest geographical coverage. With our market exposure, experience and coverage, we believe we are an excellent fit to support expansion throughout Portugal and Europe and beyond.

We act for a wide range of investors such as hyperscalers, developers, fund managers, funds (including private and listed retail funds), insurance companies, pensions funds, property companies and private investors. We advise on a range of transactions, both through direct and indirect investments, and on complex commercial and regulatory projects.

The Portuguese market presents significant opportunities for growth and investment in the data center sector. As the global demand for data storage and processing continues to rise, Portugal is well-positioned to become a strategic hub for data center operations.
 

In this context, CMS Portugal has set up a multidisciplinary team to provide comprehensive legal advice in the data center sector.
 

This team covers a wide range of areas, including:

1. Planning and Construction: addressing the unique challenges of data center development, from site acquisition and securing planning permissions to managing construction contracts and ensuring compliance with environmental regulations;
    
2. Real Estate: providing expertise in real estate transactions, including the acquisition, leasing, and sale of data center properties, as well as navigating complex landlord and tenant issues specific to the data center industry;
    
3. Power & Energy: We provide specialised legal advice on regulatory issues related to the energy sector, namely in the licensing of renewable energy projects, including self-consumption, as well as in the preparation and negotiation of Power Purchase Agreements (PPAs) that guarantee a safe and sustainable energy supply to data centers;
    
4. Cybersecurity: ensuring compliance with national and international cybersecurity regulations, implementing robust security measures, and managing risks associated with data breaches and cyber threats;
    
5. Technology: offering informed legal services that understand the operation of IT infrastructure, including outsourcing, electronic communications, cloud-based services, and the negotiation of service agreements for data center capacity and services offered by data center operators to its customers;
    
6. Corporate | M&A:  advising investors, developers, occupiers and funders in the Technology sector, giving a rounded view of the demands of the market and the points of contention when dealing with transactions related with the data center sector.