ACS, Ferrovial, Acciona y Merlin piden cambiar la ley de 'data center'

The environmental and digital transition ministries have received numerous complaints against a draft decree for data centers, a project that has fallen like a bombshell in the sector by endangering investments worth 69 billion euros. The main differences concern the obligation for renewable electricity supply and Spain's technological sovereignty over the data managed in these installations, primarily operated by US giants Meta, Google, Amazon, and Microsoft.

The four leading promoters of data centers on the IBEX, ACS, Acciona, Ferrovial, and Merlin, agree that Spain requires a legal basis for the development of data centers to curb speculative movements in the business. However, they believe the law has been detrimental to businesses with a long-term focus. Experts consulted by EXPANSIÓN see at least three flaws in the text that could be corrected through consensus with the government.

The first issue is the transitional periods for implementing the norm, as they believe it is impossible to change a business plan within six months to adapt to the regulation. Regarding the requirement of an 80% renewable electricity supply all 24 hours a day, the companies warn that such a high level of energy redundancy would make projects nearly impossible at the agreed prices with clients.

Moreover, they argue that technological sovereignty is a legitimate goal, but as the European Commission acknowledges, it is currently impossible to achieve. The companies recall that most of the clients with whom they have signed contracts for the commercialization of data centers have investment levels that need protection. They believe that if the numbers do not work out in Spain, they will pursue the same projects in other countries where they feel more secure.

The deadlines and retroactivity of the norm are the greatest risks, according to the corporations consulted, who lament that the damage is already done in relation to the effect the draft has had on stock prices. The minister of Digital Transition, Óscar López, attempted to ease tensions by stating that negotiations with the sector are underway to negotiate a balanced decree.

Meanwhile, the vice president of the European Commission, Teresa Ribera, advocated for a regulation that would prevent negative effects on society, such as a significant increase in electricity prices.