Common use of Location of Computing Facilities Clause in Contracts

Location of Computing Facilities. 1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications. 2. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory. 3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: (a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and (b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective. 4. This Article shall not apply with respect to a “financial institution” or a “financial service supplier of a Party”, as defined in Article 1(e) and (h) (Definitions) respectively of Chapter 9 (Financial Services).

Location of Computing Facilities. 1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications. 2. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory. 3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: (a) : is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and (b) and does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective. 4. This Article shall not apply with respect to a “financial institution” or a “financial service supplier of a Party”, as defined in Article 1(e) and (h) (Definitions) respectively of Chapter 9 (Financial Services).

Location of Computing Facilities. 1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications. 2. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory. 3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: (a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and (b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective. 4. This Article shall not apply with respect to a “financial institution” or a “financial service supplier of a Party”, as defined in Article 1(e) and (h) (Definitions) respectively of Chapter 9 (Financial Services)12.15.