Legal development

Germany’s national Data Centre Strategy 

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    Introduction

    On 18 March 2026 the German government published its national Data Centre Strategy (Nationale Rechenzentrumsstrategie), making good on commitments in the 2025 coalition agreement (see here). This blog sets out key aspects of the strategy.

    Germany is committed to becoming a leading site for data centres and has announced an ambitious target of doubling data centre capacity in general and quadrupling AI/high performance computing capacity in particular by 2030. Two reasons fuel this ambition: Data centres are a backbone for digital transformation and value driver of the German economy, but they are also recognised as key condition to ensuring Germany's digital sovereignty and security in an increasingly fragmented world.

    Building on Germany's strengths (stable energy supply, high renewables percentage, strong infrastructure, central EU location) whilst addressing weaknesses (limited grid capacity, scarce suitable sites, lengthy permitting), the Data Centre Strategy sets out 28 action points across three focus areas. See below for a detailed summary.

    As a policy roadmap, the Data Centre Strategy is not binding and specific legislative and executive measures on various levels of government now need to be taken. The German government has committed to initiating all measures in the next 12 months with follow-ups through annual action plans and monitoring reports.

    Focus Areas

    The Data Centre Strategy identifies three focus areas for development and defines specific goals and action items for each.

    Energy and Sustainability

    Data centres require large amounts of energy and account for an increasing percentage of the overall energy consumed. But grids are at capacity, connection requests can take years to be granted, electricity in Germany is expensive and the huge energy demand raises sustainability concerns. The Data Centre Strategy aims to:

    • Introduce a "first ready, first reserved" approach to grid connection requests
    • Reduce electricity costs for data centres by extending the electricity price compensation mechanisms and by tailoring grid fees to how data centres use the grid
    • Maintain a high level of sustainability requirements for data centre operations while ensuring a level playing field across the EU

    Location and Area

    Data centres need space. But prime locations (especially around the Frankfurt area) have become scarce. And increasingly, developers face NIMBY opposition. The Data Centre Strategy aims to:

    • Develop guidelines and assist municipalities in quickly identifying suitable sites (preferred: brownfields) for data centres
    • Amend tax laws so that municipalities hosting data centres receive a larger tax revenue share, thus reducing NIMBY concerns
    • Assess ways to speed up and improve planning and permitting processes

    Focus Area: Technology and Sovereignty

    European and German Data centres are an important element to ensure digital sovereignty and security in the EU, especially in times of increasing geopolitical fragmentation. The Data Centre Strategy aims to:

    • Bring at least one AI gigafactory to Germany by using PPP
    • Increase government usage of cloud computing and AI
    • Introduce "buy European/buy national" mandates and incentives along the entire value chain

    What this means for the Data Centre Sector

    The Data Centre Strategy signals a clear commitment by the German government to fostering the sector, with explicit acknowledgement of data centres' importance for Germany's and the EU's digital sovereignty and security.

    Investors and developers can expect the regulatory framework to evolve in an investor-friendly manner with reduced hurdles over time. However, they should also anticipate increasingly stringent sustainability requirements regarding energy usage, energy efficiency, water usage and use of waste heat – areas the strategy strongly emphasises.

    For now, many action points remain vague and details have yet to be spelled out. The impact of the Data Centre Strategy will depend on how well the German government, together with other stakeholders, is able to close the gap between political ambition and actionable regulation. It is likely that the German government will also face the limits of a federal system, with many of the issues data centre operators have to deal with being dealt with on different levels of government. Implementation will therefore require coordination across federal, state, and municipal levels.

    On permitting, the strategy is limited to assessing the status quo, developing best practice guidelines and identifying room for improvement. There is limited coverage of where the renewable electricity, needed to operate data centres sustainably, will come from and whether current supply will be sufficient. Reducing energy prices is a step in the right direction, but a lot will depend on whether the European Commission approves Germany's plans. With electricity representing roughly half of operating costs, this remains a critical site selection factor for which investors will need timely answers before committing capital.

    Investors and developers should monitor the strategy's implementation and announced action plans to identify opportunities. Non-EU based stakeholders may wish to consider setting up EU or German subsidiaries to benefit from the increasing focus on EU-based value chains and "buy European" requirements.

    Other author: Katarina Vlaski, Trainee.

    Summary of Action Points

    Energy and Sustainability

    Accelerating grid connection

    New grid connection rules for TSO and DSO

    The German government plans to replace the current "first come, first serve" principle for granting grid connection with a more merit-based system both for TSO and DSO. No further details are available, but we expect the system to be similar to the "first ready, first served" allocation procedure proposed by the four German TSO earlier this year.

    An industry standard for Flexible Connection Agreements 

    A model FCA agreement should be developed to support the wider use of flexible grid connection agreements in the industry. 

    Harmonized technical requirements for grid connection 

    TSO and DSO are urged to agree on unified technical requirements to connect data centres to the grid, ideally EU wide. 

     Making data centres (more) sustainable

    Encouraging cross-sector dialogue operators and energy providers are encouraged to discuss long-term PPAs, renewables co-location and "bring your own power" concepts to ensure an investment-friendly yet sustainable energy supply.

    Amending existing energy efficiency and sustainability requirements

    Data centres are already subject to stringent energy efficiency and sustainability requirements, both in Germany and the EU. The German government is committed to revising the German Energy Efficiency Act to introduce more pragmatic power usage effectiveness (PUE) requirements and to allow for better use of waste heat. Waste heat supplied free of charge to local heat grids should also no longer be subject to tax (which is currently still the case), an exemption which would require approval by the European Commission.

    A level (sustainable) playing field across the EU 

    To ensure a level playing field across the EU, the German government will also advocate for minimum energy efficiency requirements (including cooling water usage) and the introduction of a common union rating scheme, to be introduced as part of the EU's upcoming Data Centre Energy Efficiency Package.

    Competitive electricity prices

    Continued support for EEG levy and network cost subsidies

    Germany is committed to continued funding of the EEG levy and transmission grid cost subsidies by way of the federal budget – respective cost reductions of electricity prices will also benefit data centre operators.

    Expanding the electricity price compensation mechanisms to data centres

    Certain energy intensive sectors in Germany receive state aid to offset indirect CO2 costs embedded in electricity prices.  Germany is committed to extend support to data centres as well, but this will require approval by the European Commission. 

    Grid fees tailored to data centres 

    Data centres, if operated properly, can contribute to climate protection and grid stability. Germany's Federal Network Agency is therefore asked to adequately reflect these contributions in its ongoing grid fee design reform, potentially leading to lower charges for data centres. 

    Location and Area

    Identifying attractive sites  

    Identifying sites for preferential data centre development

    Together with other stakeholders (grid operators, states and municipalities and economic development agencies) the German government wants to develop guidelines to identify sites suitable for data centre development, with a particular focus on brownfields.

    Assisting municipalities in site selection

    Municipalities and states, who are responsible for site selection and permitting are encouraged to exchange experiences. Best practice guidelines should be drawn up to help evaluate and prioritise suitable sites.

    Better telecom networks and connectivity 

    Germany is committed to further simplifying regulatory requirements for the expansion of fibre grids in Germany. The Telecommunications Act will be amended accordingly. The Federal Gigabit Funding program will continue to help close coverage gaps in Germany.

    More tax revenues for municipalities

    Municipalities often don't benefit from data centres in their neighbourhood, because trade taxes are paid elsewhere. Planned tax amendments will ensure municipalities hosting data centres retain a larger share of tax revenues, similar to how tax revenues are already split for wind farms and PV parks, thus potentially increasing local acceptance of data centre developments.

    Faster planning and permitting

    Assessing the status quo

    The German government wants to collect feedback on existing planning and permitting processes to identify room for improvements and optimisation, in particular regarding the digitisation of permitting processes. 

    Best practice guidelines

    Best practice guidelines for data centre permitting will be drawn up to help states and municipalities handle permitting processes efficiently. 

    Technology and Sovereignty

    Building a sovereign and high-performance computing infrastructure

    Bringing at least one AI gigafactory to Germany

    Germany, together with EuroHPC (a joint initiative between the EU, European countries and private partners) has plans to build at least one AI gigafactory as a PPP model. A public funding call is expected in early 2026 with final funding decisions to be taken in summer 2026.

    A supportive regulatory framework for cloud and AI solutions

    The draft EU Cloud and AI Development Act, published by the European Commission in spring 2026, will be further developed to properly support sovereign cloud and AI solutions in the EU.

    Expanding national data centre capacity

    Existing data centre capacity of NHR, a national alliance of primarily state run university data centres, will gradually be expanded. This includes funding under existing programmes to facilitate access to, storage of, and curation of research data and scientific results.

    Funding for quantum computers and HPC centres

    Government funding will be made available to research institutions and HPC centres to purchase quantum computers.  

    Accelerating government cloud use

    Public administration will accelerate cloud usage for government work, with a focus on government owned infrastructure or EU operators. 

    Strengthening capabilities for innovation

    Further support for IPCEI projects

    Germany is committed to further support IPCEI (Important Projects of Common European Interest), in particular for AI and edge computing to develop EU based alternatives for existing offers.

    Government funding for research on sustainability and innovation

    Government funding will be made available to support research on sustainable and innovative data centre technology. A funding call is expected for later this year.

    Increased research and international cooperation 

    Germany will increase research and international cooperation on cyber security and cyber resilience.

    Increasing the use of sovereign data centre capacities in the EU

    Supporting the use of EU AI and cloud computing capacities

    Government tenders should emphasize EU based procurement and visibility for EU based solutions should be increased, e.g. by way of a European marketplace.  

    Preference for German and EU technologies

    Germany wants to advocate for "buy European/buy national" mandates and incentives along the value chain when constructing data centres.

    Building a sovereign government cloud platform for AI

    Germany's government IT infrastructure (the "Deutschland-Stack") will be enhanced by cloud capabilities to allow AI applications. 

    More dialogue on digital sovereignty 

    More dialogue between stakeholders, administration, economy (start-ups, telcos, industrials, operators) and civil society is needed to scale and commercialise digital sovereignty of data centres. A key medium for this dialogue will be the already planned platform "Digital Sovereignty". 

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.