The energy system is becoming profoundly digital. Data, software, and connectivity are now core value drivers alongside generation, storage, and grid connections. At Osborne Clarke, our Digital Energy Law team helps investors, developers, operators, and network businesses turn this shift into a competitive advantage. By combining deep energy sector expertise with leading knowledge in technology, data, finance, and regulation, we guide clients from around the world through the legal complexities of the energy transition in the Netherlands, from structuring bankable projects to building compliant data ecosystems and ensuring resilient operations.
Data Centres
Data centres are at the nexus of energy, digital infrastructure, and regulation. Our team helps clients navigate this complexity at every stage, from site acquisition through to operation. We provide expert advice on planning, real estate, environmental assessments, construction, and realization, along with the critical power, gas, heat, and water strategies that ensure project viability in the Netherlands. We structure leasing and service agreements, negotiate power procurement and grid connection terms amidst net congestion, and implement robust cybersecurity and data governance aligned with NIS2 and GDPR. Our integrated corporate and financing support-covering tax and M&A-ensures your facilities are both bankable and scalable. With sustainability embedded throughout our advice, we help you build a compliant, resilient, and efficient data centre footprint that optimizes costs and supports long‑term growth.
Read more: Sustainable data centre development in the EU: added value or legal requirement? | Osborne Clarke
Data management
Data management is foundational to digital energy. We help clients design and implement data-driven business models and govern data pipelines for metering, telemetry/SCADA, flexibility services and transactions. We advise on lawful data use, data access and data sharing under the EU Data Act, GDPR and AI Act. That includes defining roles and responsibilities, conducting DPIAs and (AI) risk assessments, drafting and negotiating data sharing agreements, advising on IP rights in relation to algorithms and datasets, and ensuring that adequate security and audit rights are incorporated into supplier and platform contracts. In the Dutch market we are familiar with EDSN standards, message formats and governance.
Read more: Data Strategy | Osborne Clarke
E‑mobility
E‑mobility requires an integrated legal perspective across land, permits, energy, software, and payments. We empower our clients to successfully develop and operate EV charging infrastructure by advising on site control, grid connections, battery integration, and smart grids. Our team helps you navigate AFIR, consumer protection, and connectivity standards (OCPP/OCPI) to ensure transparency and interoperability. By supporting procurement models, M&A, and tailoring risk allocation, we help deliver reliable service and achieve scalable growth in the dynamic world of electric transport.
Read more: E-mobility | Energy Transition Lawyers | Osborne Clarke
Financing
Financing is central to delivering digital energy at scale. We structure project finance, platform and asset financings and securitisations, and negotiate PPAs that enhance bankability, including curtailment and redispatch provisions, congestion risk allocation, Guarantees of Origin and corporate offtake strategies. We advise on subsidies and support regimes such as SDE++, on green bonds and ESG frameworks, and on the interface between energy and capital markets. Where clients are exploring tokenisation of renewable outputs or asset cashflows, we assess MiCAR implications, classification (utility versus security), disclosure and licensing, custody and AML/KYC, and the legal enforceability of smart contracts, integrating tokens with PPAs and certification schemes in a compliant way.
Read more: EU and UK financing trends are reshaping data centre projects
Grid congestion
Grid congestion has become a defining challenge for energy projects in the Netherlands. Our team provides practical solutions to keep projects moving forward. We help clients navigate capacity maps and transport indications, engage with grid operators on waitlists and (non-firm) connection and transport agreements, and implement technical and contractual solutions such as cable pooling, on‑site storage and curtailment. For clients developing private networks, energy hubs and closed distribution systems, we address governance, access, balancing responsibilities and market interfaces. Our contracts allocate availability and performance risks with clear incentives, KPIs and remedies, so projects remain deliverable despite grid constraints.
Read more: Dutch government consults on procedural acceleration of electricity projects
Regulatory compliance
Regulatory compliance underpins trust and market access. We guide clients through the evolving Dutch Energy Act (Energiewet), including its new market roles, data flows and consumer rights, and the central data governance role of Het Normo. Our team helps implement REMIT market integrity frameworks, transaction reporting and inside information controls, and liaise with the ACM. We build NIS2‑aligned operational resilience programmes for energy and digital infrastructure, including supply chain diligence, incident response and continuity planning across OT/IT environments. We also advise on ESG reporting under CSRD, substantiation of sustainability claims and end‑to‑end data assurance. Our goal is providing not only the clarity and strategic advice to comply with rules, but also to thrive within them.
Read more: Beyond the grid: how Europe's data centre sector is navigating its green energy options
Transactions and contracts
Transactions and contracts are at the heart of our practice. We run energy and digital asset M&A and joint ventures, conducting due diligence across regulatory, data/IP and cybersecurity. We draft and negotiate EPC and O&M agreements, grid and interconnection contracts, storage and flexibility services, and back‑to‑back arrangements aligned with market rules. For digital components we structure SaaS and platform agreements, data processing addenda, SLAs and API terms, and handle IP ownership and escrow. Our dispute resolution teams act in cross‑border litigation and international arbitration on energy, data, cybersecurity and contractual issues, and we support investigations and risk mitigation where needed.
Read more: EU and UK financing trends are reshaping data centre projects
Digital infrastructure and data centres
Digital infrastructure and data centres are integral to the energy‑digital nexus. We advise on site selection and development, planning and real estate, power procurement and water supply, and construction. On operations, we cover leasing, service models, power contracts and cybersecurity, including NIS2, and GDPR compliance. Sustainability is embedded throughout: we address power and water usage, heat reuse, hydrogen backup, embedded carbon and energy efficiency, and help clients meet CSRD reporting standards while adopting emerging technologies in cooling, AI and automation.
Read more: Safeguarding critical infrastructure and digital services: recent UK and EU developments
Why Osborne Clarke?
Osborne Clarke offers a genuinely multidisciplinary approach. Our energy, technology, data, cyber, finance and transactions lawyers work as one integrated team, bringing sector DNA to every project. We focus on delivering practical, bankable solutions and scalable compliance frameworks, grounded in a commercial mindset and a clear understanding of the Dutch and EU regulatory landscapes. Whether you are launching a platform, structuring a complex project or re‑engineering your governance to meet new rules, we help turn digital energy opportunities into resilient, compliant and financeable outcomes.
Ready to accelerate your digital energy strategy?
If you are ready to accelerate your digital energy strategy, our team would be delighted to discuss your objectives and how we can support your next steps.
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