Data centers form the backbone of modern business processes, drive innovation and ensure the stability of digital infrastructures. Against the backdrop of global digitalization and the increasing demands on data availability, AI and security, they are becoming more and more strategically important.

In Germany, in particular planning and building law, emission control law and energy efficiency law, play a key role in the feasibility and success of such projects. This applies even more if the data centers have to ensure their power supply with their own energy supply systems.

At Hoffmann Liebs Partnerschaft von Rechtsanwälten, we provide interdisciplinary advice in these key areas. This enables us to offer our clients practical, innovative and cost-effective solutions.

Our services at a glance

PLANNING AND BUILDING LAW: THE BASIS FOR SUCCESSFUL PROJECTS

Planning and construction law is the key to the site development of data centers. Our expertise in this area covers all phases from site selection to the necessary approvals.

• Building planning law and urban land-use planning: We check whether the project is compatible with the requirements of land use and development plans. If necessary, we support the initiation and implementation of changes to the urban land use planning, or support our clients when applying for exceptions and exemptions regarding any obstructive stipulations in urban land use plans.

• Approval procedures and approval management: Data centers often require comprehensive approval processes, especially for large-scale projects with their own energy supply systems that require approval under emission control law. We guide clients through all relevant procedures and support them with our strategic expertise in coordinating with the relevant authorities.

• Conflicts of use and resident participation: We advise in cases of neighborhood or environmental concerns and moderate between the various parties involved. We develop communicatively convincing solutions, supported by technical expertise from our broad network of specialists from other sectors (e.g. TTSP HWP in project planning or Hintzen Umweltberatung in approval procedures under the Federal Immission Control Act).

WASTE HEAT RECOVERY: FUTURE-ORIENTED EFFICIENCY

Data centers consume a lot of electricity but also generate considerable amounts of waste heat. Considering the relevant legal principles – in particular, the Energy Efficiency Act and emission control regulations – we inform our clients about the specific obligations to avoid and use waste heat in data centers and the associated facilities.

In a second step, we advise on possible exemptions or the implementation of specific requirements; for example, by integrating waste heat into public supply systems.

ENERGY LAW ADVICE: FOCUS ON ECONOMIC EFFICIENCY

To operate data centers as economically as possible, sound knowledge of energy law is essential. Our advice covers the entire field of energy law and enables innovative and cost-effective solutions.

• Network connection and stand-alone solutions: We accompany network connection procedures and advise on possible problems regarding the refusal of connection and the bearing of costs. We also have a wealth of experience with projects that do not envisage a connection to the public supply network but rely on their own energy supply systems (with gas and/or fuel cells) as stand-alone solutions.

• Classification of the project and regulation: We support our clients in the classification of the project as a customer facility or as a network requiring regulation. We also provide precise legal advice on the various legal obligations associated with the respective classification, for example, regarding the classification as an energy supplier or electricity and energy tax aspects.

• Renewable energies: We support our clients regarding the integration of renewable energy projects into data center operations throughout the entire project cycle (including energy procurement via Power Purchase Agreements, integration of photovoltaic solutions).

INTEGRATION INTO NATIONAL AND EUROPEAN EMISSIONS TRADING

Against the backdrop of the decarbonization of the energy sector, we examine whether the project or parts of the project are subject to emissions trading.

This is particularly relevant if own power generation plants are operated to supply electricity.

Precision and cooperation as success factors

With our expertise in these legal areas, we create legally secure and future-oriented solutions for data centers. By working closely with technical advisors, we ensure that our strategies are practically feasible and technically, legally and economically innovative.

Hoffmann Liebs’ clients benefit from full-service advice that covers all relevant legal areas from a single source and creates competitive advantages through interdisciplinary synergies.

In this way, we contribute to the sustainable expansion of the digital infrastructure in Germany.

Visit hoffmannliebs.com for more information.