Data centre regulation in Portugal
Our tracker lists 9 rules for building and running a data centre in Portugal, 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 9rules that apply, in forceRegulation tracker, updated 19 Oct 2026
- 4not yet in forceproposed, adopted or in scrutiny
- 14 Dec 2026next date, EURegulation tracker, updated 19 Oct 2026
Rules that apply in Portugal
National rules first, then the EU rules every member state applies. Status as on the tracker.
| Rule | Level | Status | Applies to | Next date |
|---|---|---|---|---|
| Decree-Law 84/2024, arts 2, 4, 5 and 7 (EED Art. 12 transposition, public reporting, fines) | National | In force since 5 November 2024 | New and existing sites. Data centres with at least 500 kW installed IT power: publish the Annex indicators (energy, water, waste heat, renewables) on own website and send them to DGEG; defence, internal security and civil protection centres excluded. Fines EUR 5,000 to 40,000 for legal persons (EUR 2,500 to 30,000 for failing to report to DGEG). Art. 5 lets ministers set incentives by ministerial order for centres from 1 MW; none issued | 15 May each year (next 15 May 2027) |
| Council of Ministers Resolution 70/2026 (National Data Centre Plan and Action Plan 2026-2027) | National | In force since 14 April 2026 (adopted 19 March, published 13 April); the Action Plan is strategic guidance and does not frame project approvals | Government bodies; plan initiatives on data centre projects: AICEP as single investor contact, licensing review, pre-installed zones, reversibility and land-use safeguards to be required within the applicable legal framework | Plan covers 2026 and 2027; initiatives start S1 or S2 2026; no licensing instrument published |
| Decree-Law 85/2026, art. 6 (prior authorisation of State projects) | National | Published 13 April 2026 | Entities of the direct and indirect State administration and public companies (market-competing public companies excluded): projects in the national data centre infrastructure strategy need prior authorisation | The Commission decides within 10 working days |
| 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 |
Portugal in detail
What the national rules say, with the legal texts.
Portugal's Decree-Law 84/2024 applies to data centres with at least 500 kW of installed IT power. Owners and managers must publish energy, water and waste heat indicators on their website by 15 May each year and send them to DGEG. Fines reach EUR 40,000 for legal persons. Council of Ministers Resolution 70/2026, published on 13 April 2026, approves a National Data Centre Plan. Its Action Plan is strategic guidance and does not frame project approvals; it lists a licensing review starting in the first half of 2026, and no licensing instrument has followed. State bodies need prior authorisation for data centre strategy projects. The exceptional grid procedure for requests above 20 MVA does not name data centres.
Dates to watch
The next dates for Portugal 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.
No formal refusal or ban recorded for Portugal; absence is not evidence of low planning risk.
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 2026Added to the tracker: Decree-Law 84/2024, arts 2, 4, 5 and 7 (EED Art. 12 transposition, public reporting, fines) (In force since 5 November 2024).
- 15 Oct 2026Added to the tracker: Council of Ministers Resolution 70/2026 (National Data Centre Plan and Action Plan 2026-2027) (In force since 14 April 2026 (adopted 19 March, published 13 April); the Action Plan is strategic guidance and does not frame project approvals).
- 15 Oct 2026Added to the tracker: Decree-Law 85/2026, art. 6 (prior authorisation of State projects) (Published 13 April 2026).
Questions
Which rules apply to a data centre in Portugal?
Our tracker lists 9 rules for building and running a data centre in Portugal, national and EU, and 5 of them are in force.
What is the next date for data centre rules in Portugal?
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 Portugal.
Not legal advice. Confirm each duty against the text itself.