Use

The ‘Use’ phase focuses on the success of data centre operations from the end user perspective and the services they need. It requires a strategic approach balancing commercials, business needs, security and regulatory compliance.

Illustration representing the use phase of the data centre lifecycle, showing end-user service delivery, security, compliance and performance monitoring.

Typical objectives

1

Optimise procurement & ensure compliance

Optimise procurement strategies to comply with applicable public‑sector procurement regulations and reporting requirements.

2

Align leases & co‑location

Ensure leases and co‑location agreements meet end‑user power capacity and connectivity requirements.

3

Security & cyber standards

Protect critical and sensitive data; meet cybersecurity standards for regulated environments, including governmental national security schemes.

4

Deliver seamless & reliable service

Provide consistent uptime, fast processing, dependable performance and stable latency for cloud service end users.

5

Service level agreements

Prioritise clear, enforceable SLAs covering availability, performance, support, incident response, remedies and reporting obligations.

6

Disposal & exit

Maximise value and minimise execution risk by preparing early checklists covering customer, contract, IP, data and SLA readiness.

“End users of cloud services will require a seamless, reliable service, with consistent uptime and fast data processing to meet ever growing business demands.”

Łukasz Węgrzyn

Partner, Head of IT and Data, Osborne Clarke Poland

A photo of a data centre interior providing fast connection.

Key regulations

The regulations outlined shape data protection, cybersecurity and resilience, and cloud portability and exit obligations, informing contractual and operational controls, and must be addressed during the ‘Use’ phase.

Last updated 31 October 2025

These may be subject to change.

European Union

GDPR (EU) 2016/679
Processor terms, SCCs/transfers, DPIAs, 72‑hour notification
e‑Privacy rules
Consent and metadata for electronic communications
NIS2 Directive (EU) 2022/2555
Risk management, supply‑chain security, incident reporting
DORA (EU) 2022/2554
Financial sector ICT risk, testing, third‑party oversight, incident reporting
EU Data Act (EU) 2023/2854
Cloud switching, egress fees, interoperability, exit assistance
Data Governance Act (EU) 2022/868
Data intermediation services, where relevant

National level

National data protection laws
e.g. UK: Data Protection Act 2018; UK GDPR; Data (Use and Access) Act 2025
Telecoms and electronic communications rules
e.g. UK: Communications Act 2003; Ofcom’s General Conditions of Entitlement; PECR 2003
National NIS/cyber resilience regulations
e.g. UK: Network and Information Systems Regulations 2018
National data use/access regimes
e.g. UK: Data (Use and Access) Act 2025

How we can help

We support the ‘Use’ phase by ensuring secure, compliant service delivery and long-term operational optimisation:

Service delivery contract negotiation

IT and data management

Regulatory compliance for procurement

Strategic sourcing and planning

AI integration and governance

Sustainability and ESG integration

Vendor risk assessment and oversight

Long-term performance optimisation

our Experience
A leading provider of carrier neutral data centres
A leading provider of carrier neutral data centres on data retention, data protection and security issues.

Our experts

Our team of specialists can guide you through every aspect of the ‘Use’ phase.

Headshot of Łukasz Węgrzyn, Partner and Head of IT and Data at Osborne Clarke Poland.
Łukasz Węgrzyn
Partner, Head of IT and Data
Osborne Clarke Poland
Headshot of Matthew Sharkey, Associate Director at Osborne Clarke UK
Matthew Sharkey
Associate Director
Osborne Clarke UK
A headshot of Eleanor Williams, Partner at Osborne Clarke UK.
Eleanor Williams
Partner
Osborne Clarke UK
A headshot of Xavier Pican, Partner IP/IT at Osborne Clarke in France.
Xavier Pican
Partner, IP/ IT
Osborne Clarke France
A headshot of Romeo Szejnmann, Counsel at Osborne Clarke Spain
Mario Gras
Counsel
Osborne Clarke Spain
A headshot of Rupa Lakha, Partner at Osborne Clarke UK.
Rupa Lakha
Partner
Osborne Clarke UK
A headshot of Szymon Ciach, Counsel at Osborne Clarke Poland
Szymon Ciach
Counsel
Osborne Clarke Poland
A headshot of Helen Waddell, Partner at Osborne Clarke UK.
Helen Waddell
Partner
Osborne Clarke UK
A headshot of Piotr Kaniewski, Counsel at Osborne Clarke Poland
Piotr Kaniewski
Counsel
Osborne Clarke Poland