The government is ending the regulations governing data center conditions by creating a backdoor that reduces their reliance on renewable energy from 80% to 60%.
30/10/2026 13:30
Updated to
30/10/2026 13:30
The government has completed reviewing the regulations that will set the conditions for installing and operating data centers in Spain. The main new feature is that it will allow some of these facilities to temporarily reduce the percentage of electricity from renewable sources they must use during peak consumption hours from 80% to 60%.
This change was introduced after receiving over 600 proposals and complaints from various sectors and after studying the recommendations of the National Commission for Markets and Competition (CNMC). The Ministry for Ecological Transition has already sent the new text to the Council of State, as a step prior to its final approval.
More Flexible Compliance Until 2031
The regulation states that data centers must generally cover at least 80% of their electricity consumption with renewable energy. However, those that cannot meet this requirement from the start will have the option to gradually adapt by 2031.
The timeline will be as follows:
By the end of 2028, they must use at least 60% renewable energy during peak electricity demand hours.
Starting in 2029, this percentage will rise to 70% during peak hours, and it will also be required during intermediate consumption hours.
The overall goal will remain achieving 80% renewable energy supply.
This flexibility comes with an important condition: data centers that opt for it must agree to allow Red Eléctrica to reduce or even temporarily cut off their electricity supply when necessary to prevent grid issues.
Furthermore, they will receive no financial compensation for such interruptions. In this way, the government aims to ensure that the high electricity consumption of these facilities does not harm other consumers, such as households and businesses.
More facilitations for verifying the use of renewable energy
The new draft also introduces changes regarding how data centers can prove they use clean electricity. On one hand, it extends the maximum age of certain renewable installations that can be used to justify such supply from 18 to 36 months. For solar energy, an additional option is introduced: photovoltaic installations that are already in operation can be counted, regardless of when they were installed, as long as their output is not restricted by long-term contracts with other buyers.
The minimum duration for long-term contracts to purchase renewable electricity, known as PPAs, is also reduced from 10 to 6 years. Additionally, the regulations explicitly allow the use of batteries for energy storage. With these changes, data centers will have more options to prove they use electricity from renewable sources.
Another significant change relates to the size of facilities that must meet the main requirements of the regulations. The power limit at which these obligations apply increases from one to ten megawatts. This means that smaller data centers may be exempt from most of the requirements set out in the decree. Some energy efficiency criteria are also adjusted to suit the climate of each region, although the strictest requirements regarding water consumption remain unchanged.
The changes were made after various associations in the technology and energy sectors warned that overly stringent requirements could increase project costs and make Spain less attractive to companies wanting to build data centers. The government, on the other hand, argues that it is necessary to regulate these facilities because they consume large amounts of electricity and water, and their growth must be managed to avoid supply issues.