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In this regard, Directive (EU) 2023/1791 of September 13, 2023, on energy efficiency and amending Regulation (EU) 2023/955 (recast), and Law No. 2025-391 of April 30, 2025, containing various provisions for adapting to European Union law in economic, financial, environmental, energy, transport, health, and movement of persons matters (known as the "DDADUE" law), ensure the effectiveness of the energy performance obligations for data center owners and operators set out by European Union law.
What is a data center?
A data center is defined as a structure or group of structures used to house, connect, and operate computer systems or servers and related equipment for the storage, processing, or distribution of data, as well as for related activities.
They may be hosted by companies, banks, or research centers, among others.
(Definition from Article L. 236-1 of the Energy Code)
Within the ICPE legislation, there is no specific category dedicated to data centers.
Nevertheless, the various equipment required by a data center (generators, cooling units, fuel tanks) may subject the facility to regulations concerning installations classified for environmental protection (ICPE).
Furthermore, a data center installation project may be subject to environmental assessment upon the decision of the environmental authority. This may necessitate obtaining clearing authorization (Article L. 341-3 of the Environmental Code), non-opposition under Natura 2000 legislation (Article L. 414-1 of the Environmental Code), or a derogation from prohibitions enacted for the conservation of protected species (Article L. 411-2 of the Environmental Code).
The world of data centers in a few figures…
4.4% Share of digital technology in France's carbon footprint.
2% Share of global energy consumption by data centers (2050 projection: 6% of electricity consumed in France).
Beyond energy consumption, cooling techniques require significant amounts of water, depending on the method used… 681,000 m³ of direct water consumption in 2023.
Establishing a framework for data center energy performance
Mandatory public disclosure of data center energy performance information
Data centers with an installed power capacity for server rooms and IT operations centers greater than or equal to 500 kW must submit administrative, environmental, and energy-related information regarding their operations via the digital platform provided by the European Commission, in accordance with Directive 2023/1791 of September 13, 2023, on energy efficiency (note: this platform is not yet available as of today). These data centers must also make this data available to the public.
The implementation procedures for these provisions will be determined by regulation.
These provisions do not apply to data centers:
- operated by public or private entities managing facilities, installations, or structures whose unavailability could significantly diminish the nation's defense or economic potential, security, or survival capacity (critical infrastructure);
- used by the armed forces or civil protection services, or which provide services exclusively for defense or civil protection purposes.
Mandatory recovery of waste heat
Furthermore, starting October 1st 2025, data centers with an installed power capacity greater than or equal to 1 MW must leverage the waste heat they produce.
The implementation details for this provision will be defined by decree.
Requirement for a cost-benefit analysis
As of October 1st , 2025, any project to build or significantly modify a data center with a power capacity exceeding 1 MWmust undergo a cost-benefit analysis by the operator regarding the economic feasibility of improving the energy efficiency of heat and cold supply.
The implementation details for this provision will be defined by decree.
Cost-benefit analyses are based on a description of the planned installation and the one(s) considered for comparison, and cover electrical and thermal capacity, as applicable, the type of fuel, the intended use, the number of planned operating hours per year, the location, and the demand for electricity and thermal energy. [Excerpt from Annex XI of Directive (EU) 2023/1791].
Penalties for non-compliance with obligations
In the event of failure to comply with the aforementioned obligations, the administrative authority may:
- issue a formal notice to the data center to comply with its obligations within a timeframe it determines, not to exceed one year. It may make this formal notice public;
- if the data center fails to comply with the formal notice within the specified timeframe, impose an administrative fine proportionate to the severity of the breach and the benefits derived from it. The fine may not exceed 50,000 euros per affected data center.
A decree will determine the procedures for implementing these provisions.