Spain softens data center decree after industry complaints

Spain’s Ministry for Ecological Transition sent a revised data center decree to the State Council on Monday, October 26, 2026. The new proposal keeps the core elements of the first draft but gives companies more flexibility to implement the measures.

The government changed the text after receiving more than 600 objections from companies during the public consultation period. Industry representatives had complained that several requirements were excessive and difficult to meet.

“The government had to modulate several aspects after companies denounced excessive demands.”

One major change affects which facilities must follow the rules. The previous draft applied to data centers with grid access capacity of one megawatt or more; the revised version raises that threshold to ten megawatts.

The decree also relaxes renewable energy requirements. Associated renewable installations may now be up to 36 months old before the data center starts operating, compared with 18 months in the first draft. The duration of related contracts is reduced from ten years to six.

Companies will have a six-month grace period starting from the formalization of the grid access contract to meet renewable generation requirements, valid until 2029. European strategic projects focused on digital sovereignty will have up to 60 months to implement self-consumption or renewable electricity purchase measures.

The updated text explicitly includes energy storage facilities, repowering projects, biomass and biogas plants ending their regulatory useful life, and existing photovoltaic plants without a prior long-term power purchase agreement.