Abstract
The use of smart meters enables the emergence of innovations in the electricity sector, such as smart grids, prosumers and Peer-to-Peer trading, which can play an important role in realizing the energy transition. These developments rely on the processing of personal data, triggering the application of data protection legislation in addition to the legislation organizing the electricity markets. This article examines the interaction between the General Data Protection Regulation (GDPR) and the Directive (EU) 2019/944 on common rules for the internal market for electricity in the European Union, following the method of doctrinal legal research. Concretely, this article investigates what kinds of tensions may arise from the coexistence of these two legal regimes and whether there are mechanisms in place to prevent or mitigate such tensions. Three main tensions are identified. The first tension lies in the fact that some of the innovations facilitated by smart metering in the energy sector rely on technologies that might not be entirely compatible with the GDPR. A second tension follows from the existence of separate but interrelated regimes for access to data of the consumer/data subject in the two legal instruments here analysed. The third tension relates to a possible overlap of competences between the supervisory authorities of both regimes. This article is a contribution to the still scarce legal scholarship on the interplay between the GDPR the Recast Electricity Directive. The findings of this research are of interest not only for academics but also for practitioners, policymakers and supervisory authorities that have to deal with the issues here identified.
Highlights
ΜOne of the greatest challenges of the 21st century is combating climate change
The research presented in this article follows this approach and consists primarily of describing and interpreting European Union legislation in the fields of energy law and personal data protection currently in force, in particular, the Recast Electricity Directive and the General Data Protection Regulation (GDPR), to address the proposed research question
This article focuses on innovations that rely on personal data from smart meters
Summary
ΜOne of the greatest challenges of the 21st century is combating climate change. An important part of this is the reduction of CO2 emissions, as agreed in the Paris Agreement. Directive (EU) 2019/944 (hereinafter ‘Recast Electricity Directive’) [1] furthers the efforts started with the Third Energy Package to encourage the use of smart meters, which allow consumers to keep track of their energy costs and consumption so that they can be encouraged to reduce their demand for energy [2]. This advanced system collects information about the energy consumption and energy production of energy consumers and prosumers and passes this information on to the system operators [3]
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