Cloud Infrastructure, Hosting & Data Centre Arrangements
“Powering Your Cloud and Data Infrastructure with Secure Legal Frameworks”
As organisations increasingly migrate to cloud-based ecosystems, data centres and virtualised infrastructure, the legal frameworks underpinning these environments become critical. Beyond technology choices, businesses must grapple with questions of data sovereignty, security, resilience, uptime, vendor accountability and disaster recovery.
We provide end-to-end legal support for cloud implementation services, hosting arrangements, virtual private cloud (VPC) rentals, connectivity and data centre operations. Our work spans infrastructure procurement, service level design, risk allocation, regulatory compliance and long-term continuity planning.
Our services cover private, public and hybrid cloud deployments, data centre and co-location agreements, managed hosting, virtual private network (VPN) structures and disaster recovery (DR) centres. We help clients transition from on-premise models to cloud and data centre environments in a way that is secure, compliant and operationally robust.
Our Approach
Our approach blends technology fluency, regulatory awareness and practical project experience, allowing us to draft and negotiate documentation that:
- Defines clear responsibilities for cloud providers, data centre operators and customers
- Establishes robust SLAs for uptime, latency, response times and recovery objectives
- Embeds disaster recovery and business continuity structures for mission-critical systems
- Addresses cybersecurity controls, incident response, logging and monitoring obligations
- Manages data sovereignty, localisation and cross-border data transfer risks
- Allocates risks for outages, data loss, cyber incidents and third-party failures
- Ensures alignment with outsourcing, PDPA, financial-sector and sectoral regulatory requirements
We assist financial institutions, asset managers, universities, government-linked entities and enterprises in structuring cloud and infrastructure arrangements that are technically sound, contractually enforceable and regulator-ready.
Our Strengths & Capabilities
Drawing from extensive experience in digital platforms, cloud transitions, banking infrastructure, university networks and public-sector ICT deployments, our team provides:
1. Legal Documentation for Cloud, Hosting & Data Centre Projects
We prepare and negotiate the full ecosystem of agreements needed to support resilient digital infrastructure, including:
- Cloud Implementation & Migration Services Agreements
- Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS) and managed cloud contracts
- Virtual Private Cloud (VPC) and private cloud rental agreements
- Data Centre Services and Co-location Agreements
- Disaster Recovery Centre (DRC) and Business Continuity Services Agreements
- Network, connectivity and VPN services contracts
- Service Level Agreements (SLAs) and performance frameworks
- Security, monitoring and incident response documentation
- Support, maintenance and managed services arrangements
2. Cloud Migration, Implementation & Operational Governance
We help clients structure cloud and hosting arrangements that are workable in practice:
- Migration planning, cutover and rollback provisions
- Shared responsibility models between provider, integrator and customer
- Change management and configuration control obligations
- Capacity planning, performance scaling and utilisation models
- Log management, monitoring and reporting obligations
- Integration with existing systems and third-party platforms
3. Data Sovereignty, Security & Regulatory Alignment
Our advice is grounded in deep understanding of:
- PDPA 2010 and PDPA (Amendment) Act 2024
- Data localisation, sovereignty and cross-border transfer considerations
- Sector-specific rules (including banking, capital markets and public-sector guidelines)
- Cybersecurity and information security frameworks
- Outsourcing, cloud and technology risk guidelines for regulated institutions
We work with clients to embed regulatory requirements into contract clauses, governance mechanisms and operational structures.
4. Network, Connectivity & Edge Infrastructure
We support clients in procuring and managing the network backbone that underpins cloud and hosting solutions:
- Virtual Private Network (VPN) services
- Broadband and last-mile connectivity
- Telecom infrastructure for campuses and distributed operations
- Data centre interconnects and carrier arrangements
Our Experience
Below are highlights of our work in cloud infrastructure, hosting and data centre arrangements, illustrating our experience across financial services and higher education:
- Cloud Implementation & VPC Services – Our lawyer advised BIMB Investment Management Berhad on the appointment of Aspire NXT for cloud implementation services, virtual private cloud rental and managed VPC services for its Smart Investment Digital Platform, including drafting the relevant Services Agreement and addressing security, data protection and performance obligations.
- Data Centre & Disaster Recovery Services – Our lawyer advised a Shariah-compliant investment management company, on its Services Agreement with Hewlett-Packard (Malaysia) Sdn Bhd relating to data centre and disaster recovery centre services, covering uptime commitments, DR procedures, RTO/RPO parameters, incident management and service credit regimes.
- Data Centre & VPN Infrastructure Agreements – Our lawyer advised various institutions on drafting data centre agreements and Virtual Private Network (VPN) rental agreements, ensuring alignment between infrastructure capabilities, security requirements and service governance.
- Network Infrastructure & Connectivity – Our lawyer advised various institutions on the Virtual Private Network Rental Services Agreement with NTT MSC Sdn Bhd, and related telecommunications and broadband services arrangements for campus connectivity, network performance and secure access to critical systems.
Why Clients Choose Us
- Cloud & Infrastructure Insight
We understand how cloud platforms, hosting environments and data centres operate in practice, allowing us to draft contracts that reflect real-world technical and operational constraints. - Regulatory & Data Protection Strength
We routinely advise on arrangements that must satisfy PDPA, sectoral outsourcing rules, financial regulations and public-sector governance standards. - Experience with Mission-Critical Platforms
We have advised on infrastructure supporting digital investment platforms, banking systems, university operations and enterprise services where uptime and resilience are paramount. - Security- and Resilience-Focused Drafting
Our documentation emphasises cybersecurity, monitoring, redundancy, Disaster Recovery (DR) and continuity, not just commercial terms. - Vendor-Aware, Negotiation-Ready Contracts
We are experienced in dealing with global technology vendors, local providers and managed service operators, enabling us to secure balanced, commercially realistic terms for our clients.
Frequently Asked Questions (FAQs)
Traditional hosting often focuses on server space and basic uptime commitments. Cloud agreements typically involve elastic resources, multi-tenant environments, shared responsibility models, APIs and more complex security obligations, all of which must be reflected in the contract.
Key issues include power and cooling guarantees, physical security standards, access controls, redundancy, incident management, liability for outages and integration with your own Disaster Recovery (DR) and continuity plans.
Data sovereignty concerns where data is stored, processed and accessed. This affects regulatory compliance, cross-border data transfer restrictions, investigations and exposure to foreign laws. Contracts must specify data locations, transfer mechanisms and access rights.
A robust SLA should cover uptime, response and resolution times, performance metrics, maintenance windows, escalation paths, service credits, reporting obligations and clearly defined exclusions or force majeure scenarios.
Key strategies include exit and transition clauses, data export and portability obligations, documentation of configurations, cooperation during migration and restrictions on unreasonable termination charges.
Speak to us to structure the right legal framework for your cloud infrastructure, hosting or data centre project.