SpainDC cree que el decreto para los 'data center' es un 'veto' que acabará con el sector

SpainDC, the Spanish association of data centers, has warned that the government's draft decree to regulate data centers is tantamount to a veto or de facto prohibition for the sector. This is due to the accumulation of restrictions included in the decree, which would make Spain less attractive compared to other European countries for setting up data centers.

SpainDC president Emilio Díaz and CEO Begoña Villacis confirmed that €9 billion in investments are at stake in data centers in Spain, as three international companies studying projects for these infrastructures would halt them if the government's real decree is implemented. Villacis noted that the sense of legal insecurity provoked by the decree is unacceptable.

The combination of restrictions in the decree amounts to an impossible-to-fulfill veto, they emphasized. Potential multimillion-dollar lawsuits or arbitrations by data center promoters who consider themselves harmed by the altered rules could arise upon the decree's entry into force. SpainDC highlighted that the decree's legal vices, such as lack of proportionality, violation of the principle of reserve of law, and hidden penalizing regime, could lead to penalties up to disconnection and loss of access permits.

The Spanish government requires data centers to support at least 80% of their energy consumption with renewable energy sources, hour by hour. SpainDC urged the government to sit down and discuss the matter, as the sector was unaware of the government's plans. The decree's legal uncertainty threatens up to 80-90% of the planned €67 billion in investments in Spain until 2030.