UK Law and Practice Contributed by: Federico Fruhbeck, Alice Brogi, Alex Bluett and Gisele Zouein, Gibson, Dunn & Crutcher LLP
BESS The UK has also been one of the most active Euro- pean countries in installing battery electricity storage systems (BESS). BESS is crucial to making renewable energy sources such as wind and solar part of base- load energy generation, by allowing storage of excess power when demand is low and release of that energy when demand is high. 7. Due Diligence/Data Privacy 7.1 Energy and Infrastructure Company Due Diligence The scope of due diligence in relation to a public company acquisition is typically less extensive than for a private company acquisition, and is generally described as being “confirmatory” in nature – ie, con- firming what the bidder understands to be the case based on the target’s public disclosures. Under the Takeover Code, if the target provides information to one bidder, it will be required to make the same infor- mation available to all other bona fide potential bid- ders or actual bidders on request. Given this, a target may want to restrict the extent to which due diligence access is granted to a favoured bidder, in case a less- favoured bidder emerges. The parties will want to consider whether any informa- tion to be provided may constitute inside information for the purposes of the Market Abuse Regulation and, if so, ensure appropriate controls are in place. Where it is envisaged that competitively sensitive informa- tion may be shared, a clean team agreement will be required to establish effective procedures and infor- mation barriers. Where the consideration for a bid involves bidder securities, it is customary for the target to conduct reverse due diligence on the bidder. 7.2 Restrictions Data Privacy Data protection laws in the UK, governed by the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018, impose limitations on han- dling, sharing and other forms of processing of per- sonal data during a due diligence exercise. For energy
predictable environmental impacts. This will be a space to watch. The practical effect of Finch does not mandate denial of planning permission for projects with Scope 3 emis- sions; decision-makers may still grant approval. 6.2 Key Developments in Renewable Energy and Cutting Emissions Clean Power 2030 Action Plan The share of electricity generation from renewable sources represents an ever-increasing proportion of all generation. The UK Government’s Clean Power 2030 Action Plan of December 2024 highlights the current administration’s ambition to seek a clean energy pro- duction landscape by 2030, with an ambition for 95% of the UK’s total electricity to be from clean sources by 2030. This is underpinned by onshore and offshore wind, solar and nuclear energy, and carbon capture and storage. Its successful implementation will require significant government and private sector investment. Post-Brexit, the UK established its own Emissions Trading System and is drafting its own Carbon Border Adjustment Mechanism, tabled for early 2027. CCUS The current government is also focused on carbon capture use and storage (CCUS) as part of its net zero ambitions and wishes to improve the UK’s energy security in light of the increasingly uncertain geopo- litical landscape. The Clean Energy Industries Sector Plan is one example of the political ambition to make the UK a global leader in clean energy industries by 2035, doubling investment levels to over GBP30 bil- lion per year and creating jobs across the country. The plan reiterates government support for CCUS supply chain development. In June 2025 Ofgem, the government regulator for the electricity and downstream natural gas markets in the UK, issued regulatory instructions and guidance (RIGs) on carbon dioxide transport and storage, with a view to further regulating CCUS and getting informa- tion from carbon dioxide transport and storage licen- sees on how they are meeting their licence conditions.
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