Digital energy
The digital energy market is moving fast: new data platforms, flexibility services and collaborations are springing up everywhere. At the same time, the regulatory landscape is becoming more complex: privacy, data access, cybersecurity and regulatory oversight. Osborne Clarke provides direction and practical support to data platforms, energy suppliers, real estate players and energy cooperatives: we help you clarify your role, data use and contractual arrangements, so that you can invest and scale up with confidence.
- Energy markets, regulation and grid congestion
Energy Act, regulation and grid congestion
New energy services operate in a highly regulated market with many challenges. We advise on the legal frameworks for flexibility services, aggregation, and the interaction between digital energy solutions and the energy infrastructure. We help develop solutions to avoid, prevent or mitigate grid congestion. Whether you are developing an EMS platform, using energy data for new services, setting up an energy community, or operating as an aggregator or service provider, we help align your business model and services with the Energy Act and sector‑specific regulation.
We also advise on the impact of European energy regulation, including RED III, and the opportunities it creates for flexibility, storage, energy communities and other innovative energy services.
- Data governance and data sharing
Data Act, dataspaces and data management
Data is the foundation of digital energy. EMS systems continuously process data from buildings, charging stations, batteries, generation installations and other energy assets. The Data Act introduces new rules on data access, data portability and the sharing of data within ecosystems.
We help organisations develop data-driven business models and set up effective data governance. In doing so, we advise on, among other things:- data governance structures
- data access and data sharing
- commercial exploitation of energy data
- GDPR compliance and DPIAs
- data sharing agreements
- ownership and usage rights of datasets and algorithms
- EDSN standards, message formats and governance
In this way, we help clients unlock value from data while keeping risks manageable.
- AI, cyber and digital regulation
AI Act, NIS2, Cyber Resilience Act and eIDAS
Many digital energy solutions use AI for forecasting, optimisation and automation. At the same time, energy platforms and EMS solutions are increasingly becoming part of critical infrastructure and digital ecosystems that are subject to strict security requirements.
We advise on the application of European digital regulation and its implementation in the Netherlands, including:- the AI Act
- NIS2
- the Cyber Resilience Act
- eIDAS and digital identity solutions.
We support clients with classification questions, risk analyses, compliance programmes and cybersecurity requirements, so that innovative solutions can be deployed in a safe, reliable and market-ready way.
- Building digital energy businesses
Contracts, platforms and commercial collaboration
Innovative energy services require a solid legal foundation. We support clients in structuring, contracting and scaling up digital energy propositions.Our work includes, among other things:
- SaaS and platform agreements
- data processing and data sharing contracts
- API terms and conditions
- flexibility and EMS services
- collaborations, joint ventures, energy communities and consortia
- intellectual property in (open source) software, algorithms and datasets
- commercial contracts within digital energy value chains.
In addition, we advise parties in the e mobility sector on smart charging, interoperability, battery integration and the legal aspects of connected energy and mobility services.
Podcast: The future of digital energy
In the latest episode of the #2TokensPodcast, our Energy Partner Michel Chatelin and Data, Privacy & Tech Partner Joanne Zaaijer talk with host Alex Bausch about the future of the energy transition. They discuss the role of data, regulation and tokenisation in new digital energy models.
Listen to the full episode on SpotifyInterview Partners Joanne Zaaijer and Michel Chatelin
With Digital Energy, Joanne and Michel combine the expertise and experience of the Tech/Data and Energy practices into one integrated proposition. They advise organisations operating at the intersection of energy, data and technology – from developers and operators of energy assets to platform providers and industrial customers. In this interview, they explain what Digital Energy entails, who this proposition is designed for, and how a combined legal approach helps to reduce risk, accelerate delivery and create future-proof digital revenue models in a highly regulated energy sector.
Read the transcript (Dutch)Digital Energy Academy
The masterclass programmes of Power of the Many combine academic depth with direct, practical application. In compact, intensive tracks, they bring together leading experts, regulators and innovators, specifically for professionals who want to take a leading role in the digital energy transition. In September, the first edition of the Energy Sharing Masterclass will start: a hybrid programme over two Fridays, 18 September and 2 October, aimed at professionals working on local energy markets, flexibility and energy communities. Osborne Clarke / Michel is involved in the programme as an expert.
Register for the masterclassConnect with one of our experts
Why Osborne Clarke?
Osborne Clarke is the only international firm in the Netherlands that combines in‑depth EET regulatory expertise with M&A, project finance, real estate, tax, TMT and litigation under one roof. Our integrated NL EET Group operates as one team across all these disciplines, providing unique cross‑sector depth to developers, investors, grid operators (DSOs), energy communities and digital infrastructure clients, and thereby distinguishing itself both from national single‑practice energy boutiques and from larger generalist firms. Thanks to our strong position within the international OC EET network, we offer Dutch clients seamless cross‑border reach.
We also look beyond isolated legal questions. Where many organisations still see Digital Energy as a collection of stand‑alone legal issues, we see a design challenge at the intersection of energy law, data and governance – and we are one of the few firms that offer precisely this combination. This integrated approach enables us to deliver practical, scalable solutions, grounded in a clear understanding of the Dutch and European regulatory landscape, allowing us to translate complex energy and digital strategies into resilient, compliant and investable outcomes.
