Our guide, Data centers — Legal and regulatory landscape in the EU and Portugal: Radar and key aspects, summarizes the legal framework applicable to data center projects in Portugal.
The demand for computing and storage capacity is increasing rapidly, fueled by advances in artificial intelligence and cloud services. Consequently, the Iberian Peninsula is becoming a pivotal region for structural expansion. Within this broader context, Portugal is gaining recognition as an attractive hub, bolstered by cost-effective renewable energy and robust international connectivity, including submarine cables.
The government is committed to attracting investments in data centers, as outlined in the National Data Center Plan and its accompanying Action Plan (see Council of Ministers Resolution 70/2026 of April 13). This policy underscores institutional alignment and identifies data centers as critical drivers of economic competitiveness and digital sovereignty.
However, these projects face challenges related to their significant energy consumption. Developers must engage in rigorous planning, cooperate closely with public entities, and ensure compliance with territorial management instruments.
Meanwhile, European regulations on energy efficiency, sustainability and cybersecurity are intensifying, with the consequent reshaping of the sector. However, these regulations also establish consistent performance metrics that facilitate financing and reinforce relationships with international clients.
Our guide is divided into five sections:
I. Introduction
This section contextualizes Portugal’s competitiveness within the Iberian Peninsula. It highlights the government’s priorities as articulated in the National Data Center Plan and its accompanying Action Plan.
II. Legal and regulatory landscape in Portugal and the EU
This core section summarizes the key regimes currently in force. Covered topics include urban development licenses (RJUE), environmental impact assessments (RJAIA), water resources management, and projects of potential national interest (PNI). This section also explores measures for energy efficiency and the grid, such as self-consumption, power purchase agreements, electro-intensive customer status, and the exceptional capacity allocation procedure. It also addresses cybersecurity and data-related matters, including NIS2, the Data Act and the GDPR.
III. Soft law
This section highlights significant nonbinding instruments, particularly emphasizing best practice guides and the European Taxonomy as a sustainability tool and as a pathway to ESG financing.
IV. On the radar
This section examines forthcoming regulatory advancements at both European and national levels. Key areas of focus include the Digital Omnibus, the Cloud and AI Development Act, delegated regulation on sustainability, and the projected implementation of the National Data Center Plan 2026–2027. A review of the RJUE is also included.
V. Key aspects
This final section presents a cross-cutting analysis of critical issues for data center promoters across the project cycle. Topics include telecommunications and international connectivity, energy and grid considerations, and “ready to build” stages, such as planning and coordinated permit submissions. It also covers “ready for service” topics, including performance metric validation, reporting preparation, incentives outlook, market flexibility, and supply chain modifications.
We encourage you to read and distribute this guide, which reflects our interdisciplinary expertise in energy and infrastructure.