The data center market in Poland is growing rapidly. Warsaw now ranks sixth in Europe in terms of data center market size. For developers and investment funds, this is the perfect time to enter this high-potential sector. However, a data center lease agreement differs significantly from a standard commercial lease and therefore requires special attention.
What does a Data Center lease agreement look like?
A data center lease agreement is a detailed document that clearly defines the rights, obligations, and technical requirements between the landlord and the tenant.
It typically includes the exact definition of the leased area (such as server rooms or racks), technical parameters like power supply, cooling, and fiber optic connectivity, the duration of the lease—often several years—as well as termination and renewal conditions.
A key point is the division of responsibilities: the operator provides the building infrastructure, emergency power, physical security, and backup systems, while the tenant is responsible for the server equipment and compliance with data protection and security regulations.
The financial model usually combines a fixed base rent with variable energy costs. Additionally, service level agreements (SLAs), data protection (GDPR), insurance coverage, technical specifications, and monitoring procedures are contractually defined. Technical annexes describe the service parameters, energy supply, and security standards, safeguarding the interests of both parties and ensuring operational stability and data security.
What to pay attention to in a Data Center lease agreement
The Polish data center real estate market is becoming increasingly important, with Warsaw emerging as a leading location in Central and Eastern Europe. For investors and developers, a well-structured lease agreement is key to long-term stability and profitability.
Technical requirements and site selection
A data center has very different requirements compared to a warehouse or office building. The availability of high-capacity electricity is critical—a data center consumes up to 40 times more electricity per 1,000 m² than a standard warehouse.
Key factors include adequate power capacity and grid infrastructure, access to multiple fiber optic providers, geotechnical surveys before signing the contract, and plots of 2–5 hectares with high building density potential.
Contract duration and flexibility
Long-term lease agreements (5, 10, or more years) are standard in the data center sector—they ensure stability and facilitate financing. Check for options to extend the lease, as well as termination or exit clauses (usually three months’ notice, though this can be negotiated).
Division of responsibility
The landlord is typically responsible for the building structure and basic infrastructure, while the tenant invests in data center-specific systems such as cooling and emergency power supply. The agreement should clearly define responsibilities based on international standards such as TIA-942 or EN 50600.
Financial model and cost transparency
The rent for a data center usually consists of a fixed payment for the space and a variable charge for electricity consumption—often calculated based on actual usage or per watt. Rent indexation and a security deposit (typically three months’ rent) are advisable.
Security and operational availability
Physical security is critical. The contract should specify access control, video surveillance, security zones, and physical protection measures in line with PN-EN 50600.
A TIER III or higher standard (availability above 99.98% per year) ensures redundant power and cooling systems for maximum uptime.
Certifications and legal compliance
The construction and operation of data centers are subject to building, energy, and data protection regulations. Relevant standards include Uptime Institute (TIER), EN 50600 certification, and GDPR compliance. Responsibilities for handling personal data must be clearly defined.
Sustainability and energy efficiency
More and more data center operators are turning to renewable energy and sustainable cooling systems. Lease agreements should include clauses on the use of green energy and energy-efficient technologies. EU regulations on minimum IT equipment operating temperatures must also be considered.
SLA – Service quality and performance management
An SLA (Service Level Agreement) defines measurable performance standards such as uptime, response time, and recovery periods. Clear contractual provisions allow tenants to enforce penalties for non-compliance and ensure service quality.
Audits, insurance, and risk management
Tenants should secure the right to conduct regular technical audits. The agreement should specify the scope of insurance coverage (building, equipment, liability) and disaster recovery plans. Geo-redundancy and backup concepts are essential for data security.
Adaptations and modifications
Any alterations or technical adjustments usually require the landlord’s prior consent. The contract should specify how investments and modifications will be reimbursed—either through rent offsets or separate cost-sharing arrangements.
Monitoring and infrastructure management
Modern data centers use DCIM systems (Data Center Infrastructure Management) to monitor energy and environmental conditions in real time. The lease should clearly state who is responsible for implementing, maintaining, and securing these systems.
Conclusion: The data center market in Poland is booming
The data center market in Poland, especially in Warsaw, is among the fastest growing in Europe. For investors, developers, and operators, it offers attractive returns in a strategically important and future-oriented industry.
A professionally drafted lease agreement is the foundation for success—it protects your investment, ensures operational reliability, and builds long-term trust between partners.
Prime East provides legal, technical, and strategic expertise to help you prepare, review, and negotiate data center lease agreements across Poland and Europe.
