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This article examines the interplay between the General Data Protection Regulation and the rules for access to consumer data introduced by the Recast Electricity Directive (2019/944). It brings insights from practice regarding the complexities of applying these two legal frameworks simultaneously by analysing a case from the Dutch electricity market. The case is constructed around a court decision that led Dutch distribution system operators to stop sharing consumers’ ‘personal data with suppliers for the purposes of preparing ‘personalised offers’. The article extracts lessons that can help EU member states when laying down or revising existing legal frameworks for access to consumer data on two main fronts: substantial alignment between data protection legislation and electricity market legislation, and the importance of strengthening cooperation between data protection authorities and energy regulators.

‘Microgrid’ is a broad concept that is not determined by a single technical definition. This fact is reflected in the academic literature, which agrees that there is no universal definition of microgrids. While this broad understanding might be beneficial for allowing a broad variety of microgrids, from a legal perspective the absence of a common understanding constitutes a barrier to the development of microgrids. Therefore, this article builds upon an extensive literature review to isolate the most salient characteristics of microgrids and proposes a few key elements that any legal definition of microgrids should include, primarily for the European Union’s legal framework, but also applicable to other jurisdictions. It also provides preliminary advice for a legal regime for microgrids that would allow adapting their organisation in terms of ownership and operation to the local context.

A concerning phenomenon in South Africa’s mines is the huge quantities of waste generated by the mines. The problem is historical in that there was existing land and water contamination from previo...

This commentary will outline the circumstances leading to the destruction of the Juukan Caves by Rio Tinto in May 2020. Secondly, it explains how the existing complexities of the legal framework de...

While lawmakers round the world have struggled, often unsuccessfully, to enact meaningful climate change legislation, litigation-related activity is increasing, and some courts are moving assertedl...

Coal dominates China’s energy consumption and causes significant air pollution and carbon emissions. By examining recent policy imperatives of coal sector restructuring, this article unpacks the co...

The North Indian states of Punjab and Haryana (P&H) are a part of the water-rich Indo-Gangetic river basin. Despite this abundance, both states are on the cusp of a severe water crisis due to groun...

This article considers international arbitration as a potential forum to adjudicate climate change claims, in the form of commercial and investment arbitrations, the latter sustained by the rise of...

Clean energy has proliferated recently in many countries worldwide, among which China has the reputation of being at the leading edge of developing and deploying clean energy projects. Despite this...