APECDATA calls for new data center regulations to protect the local ecosystem and strengthen digital sovereignty

The association calls for adjustments to ensure the sector’s orderly growth within a technically robust and competitive framework that does not hinder innovation

It proposes raising the threshold for the application of certain obligations from 1 to 5 MW and adapting energy and environmental sustainability criteria to the characteristics of each facility

The Spanish Association of Cloud and Data Center Service Providers (APECDATA) has submitted comments on the draft Royal Decree that will regulate the energy and environmental sustainability, resilience and digital sovereignty requirements applicable to data centers. The draft, aimed at regulating access and connection permits to electricity transmission and distribution networks, comes in response to plans announced by major international operators which, according to the sector, are not compatible with the orderly development of Spain’s national electricity infrastructure.

What is being called for is a balanced framework that promotes sustainability without undermining competitiveness. In this regard, APECDATA welcomes the draft’s alignment with the European Cloud and AI Development Act (CADA). The association even proposes strengthening this alignment in the area of digital sovereignty, stressing that in an increasingly digitalized economy it is essential to regulate the requirements applicable to those hosting the data of citizens, companies and public administrations. Europe, it points out, starts from a strong position in terms of privacy safeguards and must be demanding in ensuring compliance by data processors, namely data centers.

In the area of sustainability, APECDATA warns that the proposed requirements are highly demanding and could become a barrier for existing operators. It therefore proposes raising the mandatory threshold from 1 to 5 MW, in order to protect smaller facilities —such as business centers, shared spaces and small data centers— whose impact on the objectives of the draft is limited. The association also calls for the text to be harmonized with the European regulation currently under development, which takes into account factors such as the climate zone, water availability and the type of cooling system used, whether air or water.

Another key point in the comments is the proposal to calculate the percentage of energy from non-fossil sources on the basis of annual equivalent hours rather than on an hourly basis, given that the main renewable energy sources do not operate at night. In addition, APECDATA proposes improvements aimed at strengthening the legal certainty of the draft, defining its sanctions regime more clearly and coordinating it with two other Royal Decrees currently under development that also affect data centers.

APECDATA President Roberto Beitia highlights the importance of ensuring that the regulatory framework supports the sector’s development without creating adverse effects: “Spain has an opportunity to establish itself as a European benchmark for digital infrastructure, but achieving this requires a balanced and technically robust regulatory framework. We fully support the objectives of sustainability and digital sovereignty, but it is essential that regulations do not penalize local operators or hinder innovation. Our comments are precisely aimed at ensuring that the growth of the data center ecosystem is orderly, competitive and beneficial for the country,” he stated.