The specific Royal Decree in Spain, which transposes the European Directive (EU) 2023/1791 on energy efficiency and Delegated Regulation (EU) 2024/1364, sets out a clear roadmap on transparency, efficiency, and sustainability.
Given the existence of these regulations, we considered it appropriate to carry out a comparison to see whether the Spanish regulation, which seemed to go a step further than what the European one requires, was actually “overshooting.”
This is the comparative table we prepared between the European texts and the Spanish draft to draw some conclusions:
| Topic | Directive (EU) 2023/1791 | Delegated Reg. (EU) 2024/1364 | Spanish RD Draft |
| Objective | General framework; requires collection/publication of data and creation of a European database. Promotes reuse of residual heat | Develops the common reporting framework: defines what data and indicators must be sent by DCs ≥ 500 kW | Transposes the above and adds requirements on transparency, heat reuse, best practices, and grid access |
| Application threshold | Reporting according to threshold set in delegated act; exclusions for defense/civil protection | ≥ 500 kW installed IT load | ≥ 500 kW for technical reporting; ≥ 1 kW for residual heat and best practices |
| Data reporting | Member States require collection/publication; Commission manages EU database | Establishes indicators: PUE, WUE, use of renewables, water, refrigerants, traffic, residual heat, etc. | Annual reporting before May 15 to the national DG + minimization strategy (energy, water, heat, grid) and historical tracking |
| Socioeconomic | Not detailed | Not required | Obligates reporting on employment, qualifications, territorial and economic impact, as well as data origin/destination |
| Heat reuse | Promote when viable, after cost-benefit analysis | Collect KPI on residual heat, no obligation to implement. | Mandatory in >1MW: reuse plan, regional report, 3 years voluntary + 2 years mandatory |
| Best practices | Encourages DCs >1 MW to follow the Code of Conduct. | Does not set “top performers” | In >100 MW, must be in the top 15% of the sector in PUE, WUE, FRE, and CRE, plus follow the Code of Conduct |
| Grid access | No conditions | Not applicable | Conditions access to transmission and distribution to compliance with the RD |
| Transparency | Aggregate publication of data at EU level | Confidentiality of individual data, aggregate publication | National publication and annual communication to regional governments |
| Timeline | Transposition before 11/10/2025; first data assessment in 2025 | In force since May 2024 | Annual reporting before May 15; public consultation until 09/15/2025 |
Key differences
- The national draft not only transposes but adds obligations in areas such as residual heat, socioeconomic indicators, and grid access conditions.
- Direct impact on projects >1 MW: they must include heat reuse plans from the outset with binding regional reports.
- Conditioning for large DCs (>100 MW): need to be among the 15% most efficient in the sector.
- Key sector participation: the text will affect the design, operation, and strategic planning of DCs in Spain.
And while the most significant changes apply to projects over 1 MW, the debate should not remain limited to comparison with Brussels. We must also look inward: other energy-intensive industries (steel, chemical, paper, cement, etc.) do have support mechanisms such as those provided in RD 1106/2020, while data centers only see increased environmental and connection obligations, without cost compensation.
All of us working in this sector will certainly be very attentive to the outcome after the allegations raised by stakeholders in the Data Center sector, and I want to be convinced that these will be taken into account.
Beyond the regulation
The data center sector is key to the digital economy and to the development of present and future society. Much is said about them, but the most important aspect is usually invisible: the silence that sustains the digital world and allows people, companies, and public bodies to continue functioning every day.
Beyond giving my personal opinion on regulation and legislation, what is clear to me is that this transposition directly affects the development of technology and, with it, the advancement of science, culture, and the welfare state. That is why, beyond technical and legal debates, it is worth recalling some ideas:
The Data Center sector is indeed a major energy consumer, but its commitment to energy efficiency and sustainability is embedded in its DNA—even if sometimes only out of self-interest, since energy is probably its largest cost. In recent years, this has been proven through much more efficient designs, constructions, and equipment. That is why all of us in the sector agree to pursue efficiency progressively.
If we are talking about regulation related to efficiency, the focus must be on energy/environmental KPIs and not on using regulation for other interests.
Regarding heat reuse, paper can withstand anything, but realities may differ, and this must be taken into account.
As for reporting and records, it should not be necessary to duplicate submissions or provide information to multiple bodies—state, European, permits, etc. In the digital era, this must be resolved more efficiently.
With respect to grid access and connection, electrical permission cannot be tied to environmental requirements. Grid access should be decided by technical system criteria, while environmental compliance should be demanded through milestones and reasonable timelines. Efficiency is not static; it is dynamic, and therefore must be planned over years with temporal comparisons. These comparisons must always be apples-to-apples, and perhaps the most coherent approach would be comparing with oneself through progress tracking.
And finally, coherence with other industries: either we are, or we are not, energy-intensive industries.
Data centers are the invisible backbone of digitalization, and their regulation must be ambitious but also proportionate. The Spanish RD is a great opportunity to align sustainability, competitiveness, and investment attraction.
The challenge now is to find the balance: a demanding framework, yes, but one that is viable and coherent with what Europe dictates and with what is applied to other industries of similar energy weight. Only then can we ensure that Spain remains an attractive country for new data center investments, while simultaneously strengthening the energy and digital transition we all need.