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Approval of the Data Center Regulation

We hereby inform the business community and other interested parties that the Data Center Regulation was approved, by Decree No. 71/2025, of December 31 (“Regulation”).

The Regulation is enacted in the context of the implementation of the Digital Transformation project, spearheaded by the National Institute of Information and Communication Technologies ("INTIC"), accompanied by the beginning of the process of drafting the National Digital Transformation Strategy of Mozambique.

This instrument comprises a strategic digital transformation package, complemented by the Cloud Computing Regulation, approved by Decree No. 72/2025, of 31 December, creating a legal framework for technological sovereignty and data governance.

Although it is subject to a vacatio legis period of 90 (ninety) days, this Regulation contains innovations, to be highlighted:

  1. Modern legal framework for the construction, operation and licensing of data centres, including simplified licensing;
  2. Setting security obligations and advanced requirements for resilience, continuity of service, and physical and cyber security of data centres;
  3. Creation of a Portal for the Economic Operator of New Technologies (Portal do Operador Económico de Novas Tecnologias) and the Sole Title to operationalize electronic licensing and flexibility of processes and notifications with the Regulatory Authority;
  4. Strengthening digital sovereignty and national data protection for data centers located abroad and storage of information classified as State secret;
  5. Criteria for rights, duties and responsibilities of operators, with emphasis on Civil Liability Insurance for risks inherent to their activity and arising from force majeure; and
  6. Strategic articulation with the cloud computing regulation for the granting of a data center operator license with waiver of requirements for a specific license for cloud computing services.

The data centres covered by this Regulation that are in operation on the date of its entry into force and the respective data centre operators must comply with this regime within one year from the date of its entry into force.