Data centre regulation in the Netherlands
Our tracker lists 8 rules for building and running a data centre in the Netherlands, national and EU, and 5 of them are in force.
Each comes with its status, who it applies to and the next date that matters. When a rule here changes, the change is logged below with its date.
- 5 of 8rules that apply, in forceRegulation tracker, updated 19 Oct 2026
- 3not yet in forceproposed, adopted or in scrutiny
- 14 Dec 2026next date, EURegulation tracker, updated 19 Oct 2026
Rules that apply in the Netherlands
National rules first, then the EU rules every member state applies. Status as on the tracker.
| Rule | Level | Status | Applies to | Next date |
|---|---|---|---|---|
| Bkl instruction rule, Staatsblad 2023, 492 | National | In force | New sites. Hyperscale data centres: built floor area above 10 ha and electrical connection capacity of 70 MW or more (both required). Omgevingsplannen may not allow them anywhere in the Netherlands except designated sites in Het Hogeland (Eemshaven) and Hollands Kroon (Agriport A7, Middenmeer area). Not applicable where a building permit already allows the activity. | Autumn 2026: national integrated data-centre approach, which explores tightening the criteria; no date published |
| Bal paragraph 5.4.1a, arts 5.16a to 5.16c (Staatsblad 2024, 122): energy-efficiency data of data centres (EED Art. 12) | National | In force since 7 May 2024 | New and existing sites. Operators of data centres with installed IT power of at least 500 kW; defence and disaster-response data centres exempt | 15 May each year, next 15 May 2027 |
| EED reporting, Article 12 and Delegated Regulation 2024/1364 | EU | In force | New and existing sites. Data centres ≥500 kW installed IT power | 15 May 2027, next annual report |
| EED waste heat, Article 26(6) | EU | In force | New and existing sites. Data centres >1 MW total rated energy input | Ongoing duty |
| EED energy management systems, Article 11 | EU | In force as a Directive duty on Member States; deadline not yet reached | Enterprises, including data-centre operators, with average annual energy consumption above 85 TJ (23.6 GWh) over the previous three years, all energy carriers together | 11 October 2027, certified energy management system in place |
| EU rating scheme, delegated regulation adopted 21 Sep 2026 | EU | Adopted, in Parliament and Council scrutiny | New and existing sites. Same ≥500 kW reporting population | In force 20 days after Official Journal publication, if not objected to |
| EU minimum performance standards | EU | Consultation open | Not yet defined | 14 December 2026, consultation closes |
| Cloud and AI Development Act, COM(2026) 502 | EU | Proposal, with Parliament and Council | Cloud and AI infrastructure providers broadly | No fixed date |
the Netherlands in detail
What the national rules say, with the legal texts.
The Netherlands restricts where new hyperscale data centres can be built. An instruction rule added to the Besluit kwaliteit leefomgeving by a decree of 20 December 2023, Staatsblad 2023, 492, prevents Dutch municipalities from accommodating new hyperscale data centres in their environment plans, except in two designated areas: part of the municipality of Het Hogeland in Groningen, and the Agriport locations in Hollands Kroon, Noord-Holland. A hyperscale data centre here is one with a built floor area of more than 10 hectares and an electrical connection capacity of 70 MW or more; both must be met (Bkl article 5.161ba). The rule has applied since 1 January 2024. On 31 August 2026 the government said a tightening of the criteria is being explored within a national data-centre approach due this autumn; no legal proposal exists yet. For a site search across borders, our data-centre siting cost map ranks European countries by modelled electricity cost and carbon emissions.
Dates to watch
The next dates for the Netherlands and the EU, soonest first.
- 14 Dec 2026The EU Commission's minimum performance standards consultation and call for evidence closes
- 15 May 2027EU database dueevery year
- 11 Oct 2027EU deadline under Article 11 of the Energy Efficiency Directive for a certified energy management system at enterprises above 85 TJ (23.6 GWh) of annual energy consumption
Formal refusals and bans since 2025
Verified decisions only.
Area-wide rules
- 23 Sep 2026 Westland, South Holland Council adopted a ban on new data centres across nearly all of the municipalityAdopted; not yet in force (appeal period to 20 Nov 2026)
- 23 Jun 2026 Oldambt, Groningen Temporary ban on new data centres on business land while the zoning plan is revisedIn force
- 26 May 2026 Heusden, North Brabant Temporary ban on new data centres, up to 18 months, while the zoning plan is revisedIn force
- 12 May 2026 Zaanstad, near Amsterdam Zoning plan bars new data centres above 2,000 m² floor area and 5 MVAIn force
- 11 Jun 2025 Amsterdam Zoning plan bars new or larger data centres above 2,000 m² floor area and 5 MVAIn force
Decisions from 1 Jan 2025; statuses checked 21 Oct 2026.
What changed
The latest changes to these rules on the tracker, newest first.
- 18 Oct 2026Added to the tracker: EED energy management systems, Article 11 (In force as a Directive duty on Member States; deadline not yet reached).
- 15 Oct 2026Bkl instruction rule, Staatsblad 2023, 492: next date now Autumn 2026: national integrated data-centre approach, which explores tightening the criteria; no date published (was Ongoing).
- 15 Oct 2026Added to the tracker: Bal paragraph 5.4.1a, arts 5.16a to 5.16c (Staatsblad 2024, 122): energy-efficiency data of data centres (EED Art. 12) (In force since 7 May 2024).
Questions
Which rules apply to a data centre in the Netherlands?
Our tracker lists 8 rules for building and running a data centre in the Netherlands, national and EU, and 5 of them are in force.
What is the next date for data centre rules in the Netherlands?
The next date is 14 Dec 2026: the EU Commission's minimum performance standards consultation and call for evidence closes.
Sources
From the European data-centre regulation tracker, which cites the legal text for every rule. Data-centre market data for the Netherlands.
- EUR-Lex (Official Journal of the EU)
- European Commission
- Officiële bekendmakingen (Dutch official gazette)
Not legal advice. Confirm each duty against the text itself.