ITALY Trends and Developments Contributed by: Maria Cristina Breida, Giuseppe Bovenzi, Valerio Vinci and Sonia Marlazzi, EY Società tra Avvocati
Future trends European Union
The text in question constitutes a regulatory frame - work designed to set out the principles and directive criteria that are to be developed through subsequent legislative decrees to be adopted by the government. It reflects a clear legislative focus on the (further) sim - plification of authorisation procedures, as well as on combating land consumption by giving preference to projects proposing the siting of data centres in dis - used or decommissioned industrial areas. Among the principles, priority is also assigned to: (i) the promotion of projects providing for the use of energy solutions from renewable sources; (ii) the development of innovative district heating and cooling systems; and (iii) the reduction of water consumption. In the absence of a comprehensive national frame - work governing the substantive environmental and climate performance of data centres, the most sig - nificant regulatory development has come at subna - tional level from Lombardy, the Italian region with the highest concentration of data centre capacity, and the first to have adopted dedicated legislation on the subject (Regional Law No 11/2026 of 3 June 2026). This regional legislative act follows a set of Guidelines for the Development of Data Centres in Lombardy adopted by the Region on 24 June 2024, intended to provide an initial regulatory framework concern - ing the authorisations required for the installation of data centres, the conduct of the relevant administra - tive procedures by the competent authorities, and the assessment of the suitability of infrastructure siting. Regional Law No 11/2026 simultaneously pursues the objectives of (i) supporting investment and techno - logical development in the data centre sector, and (ii) promoting the sustainable development of the territory through the protection of water resources, the reduc - tion of land consumption, the regeneration of disused industrial areas and the containment of environmental impacts. To pursue those objectives, the law identifies a set of energy and environmental priorities that data centre operators are expected to meet in order to qualify for the procedural incentives it offers: the use of zero-car - bon energy sources; the recovery and reuse of waste heat; the adoption of cooling systems that exclude the
The current legal framework at European level already provides a clear indication of the next phase of the European Commission’s approach. In accordance with Article 12 of the EED, the Commission is prepar - ing a Data Centre Energy Efficiency Package which will: (i) contain an assessment of the data already held in the European database; (ii) introduce a rat - ing scheme for data centres across Europe; and (iii) initiate work on minimum performance standards for data centres. The package includes a Regulation, currently in draft form (which has already been the subject of consulta - tions with sector operators through a dedicated call for feedback that closed in April 2026) with the objec - tive of establishing a sustainability rating system for data centres at European level, through the issuance of electronic labels based on the information and key performance indicators reported to the European database by data centre operators. The package marks the next step in a progression from disclosure obligations, through sustainability classifi - cation, towards a common rating system designed to ensure the comparability of data centres across the European market. In addition to the energy efficiency, sustainability and transparency objectives already embedded in the EED and the Delegated Regulation, the package aims to introduce comparability of data centre performance. A rating system based on elec - tronic labels, visible to customers, investors and regu - lators, could benefit operators that have invested early in energy efficiency and carbon intensity reduction in terms of reputational and commercial advantage. Italy At national level, the legislative agenda signals that the current framework is understood to be incomplete. The Italian Parliament is working on a framework law ( legge delega ) aimed at governing the organisation, development and sustainable energy supply of data centres, consistently with the principles of EU law. To that end, a draft framework law has been approved by the Chamber of Deputies and is currently under consideration by the Senate of the Republic.
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