There is no single licence that covers every activity. Building and running a facility requires the usual company, trade licence, building, fire and environmental approvals, and location inside a hi-tech park or zone brings that authority's rules into play. Telecommunications services are licensed separately from the facility itself. Providing international bandwidth, nationwide transmission, internet access or certain interconnection services generally requires a BTRC licence or a partnership with a licensed operator. Operators of data centres therefore need a clear map of which services they provide directly and which they procure from licensed carriers. We prepare that map early.

Bangladesh is generally open to foreign ownership of technology and infrastructure businesses, and foreign investors can establish a subsidiary and register the investment with Invest Bangladesh. Restrictions may apply to particular telecommunications licence categories, where BTRC rules can limit foreign shareholding or require local participation, so the answer depends on which services the business will provide. Land ownership by a foreign-owned company also needs care. Many sponsors use a local subsidiary that holds leases and contracts, with licensed services provided through partners. We advise on ownership structures that fit the business plan and regulatory limits for data centres.

There is no blanket rule for all data, but localisation questions arise in several places. The Personal Data Protection Act 2026 sets conditions on processing and on transferring personal data abroad, and implementing rules may add detail. Bangladesh Bank and other sector regulators have their own expectations for banks, financial institutions and payment providers, including where core records are kept and how regulators can access them. Government bodies may also impose hosting requirements in procurement. We review the data involved, the customer's sector and the cloud design to identify which rules apply and how contracts should address them.

A colocation agreement should describe the space, rack and power allocation precisely, including power density, cooling and any options to expand. It should set access and security procedures, maintenance windows and notice requirements, service levels with clear measurement and credits, and limits on liability. Other important points include price adjustment for power and currency movements, insurance, customer equipment ownership, suspension rights, subcontracting, regulatory change and exit. Customers in data centres should also check what happens if the operator loses its lease, power connection or a key licence. Define how power usage is metered and billed.

Outage clauses should match the actual architecture. A contract that promises very high availability while relying on a single power feed or carrier route creates disputes later. We look at how availability is measured, which events are excluded, how quickly incidents must be reported, what service credits apply and whether credits are the customer's only remedy. Force majeure clauses should be specific about grid failures, cable cuts and government shutdowns, which have all affected connectivity in Bangladesh. For critical workloads, customers may also need disaster recovery commitments, regular testing and the right to terminate after repeated failures.

Banks can use cloud services, but Bangladesh Bank expects careful risk management. Its ICT and outsourcing guidance addresses governance, due diligence on providers, data security, business continuity and the regulator's ability to access information. Some systems and records may be expected to remain in Bangladesh, and certain arrangements may need prior engagement with or approval from Bangladesh Bank. The Personal Data Protection Act 2026 adds its own transfer conditions for customer data. We help banks and cloud providers structure arrangements, prepare regulatory submissions where needed and negotiate terms that satisfy supervisors without making the service unworkable.

Start with the fundamentals: who owns or leases the land, whether the lease term and renewal rights match the investment horizon, and whether building, fire and environmental approvals are in place. Then review power supply contracts and backup arrangements, carrier connections and any BTRC licences, major customer contracts, service level performance and outstanding disputes. Tax, VAT and foreign exchange compliance matter, particularly where revenue is earned in foreign currency. Employment, security and data protection arrangements also need checking. For data centres, we design diligence around the risks that most affect value and continuity. Site visits often reveal practical issues.

Most disputes start with service failures, unpaid invoices, price changes or exit and migration problems. Contracts should include a clear escalation process and a forum suited to the parties. Arbitration under the Arbitration Act 2001, or at an international seat, is common for cross-border agreements because awards are enforceable under the New York Convention. Purely local disputes may go to court, including the commercial courts being established under the Commercial Courts Act 2026. Interim relief can be important where a provider threatens suspension or a customer refuses to remove equipment. We advise on dispute clauses and act when disputes arise.