Germany Germany BSI cybersecurity NIS2 implementation

Germany's Data-Centre Rollback Shows Why Resilience Rules Should Be Judged by Evidence, Not Lobbying Wins

Berlin plans to loosen EnEfG efficiency rules just as NIS2 widens oversight of data centres; each regime needs its own clear, measurable purpose.

Germany's Data-Centre Oversight Gap People of Internet Research · Germany 319 Facilities named in register Of roughly 1,000 reporting-obligat… 166 Anonymous register entries Facilities that reported without b… ~29,500 Entities under NIS2 law Up from about 4,500 under the earl… 1.2 New-build PUE limit Applies to data centres commission… peopleofinternet.com
Germany's Data-Centre Oversight Gap People of Internet Research · Germany 319 Facilities named in register 166 Anonymous register entries ~29,500 Entities under NIS2 law 1.2 New-build PUE limit peopleofinternet.com

Key Takeaways

Germany is about to loosen the efficiency rules for the buildings that will run its AI economy, and it has already widened the cybersecurity rules for them. The two moves tell us how the country regulates digital infrastructure.

On 23 October 2026, a guest piece in netzpolitik.org reported that the coalition plans to weaken the data-centre provisions of the Energy Efficiency Act (EnEfG). It would raise the permitted power usage effectiveness (PUE) values and add exceptions to the waste-heat reuse requirements. The Bundestag is expected to pass the amendment in November. The article gives no new PUE figures, and it does not link to the draft text. Anything beyond the outline is therefore unverified.

The case for the rules being rolled back

Begin with the strongest argument for the government's side. The current law is demanding. Under § 11 EnEfG, data centres commissioned from 1 July 2026 must reach a PUE of at most 1.2. They must also reuse a share of their energy: at least 10% from July 2026, rising to 20% for facilities commissioned from July 2028. A target of 20% waste-heat reuse only works if a district-heating customer sits next to the site. In many places, no such customer exists. A rule that no operator can meet does not save energy. It moves investment to Ireland, the Nordics or the US. Germany has set out to double IT capacity from roughly two gigawatts to more than four by 2030, and netzpolitik says the AI share is to quadruple. Rules that block that build-out carry a real economic cost, and the government has a point when it asks whether every site should face the same test.

The case against a quiet retreat

The critics' argument is also strong. Netzpolitik cites an analysis by the Umweltinstitut, Fraunhofer ISI and AlgorithmWatch. It says the weakened rules would mean about 9 TWh more electricity use in 2045 and about 10 TWh less waste heat use. That analysis is not one I could check independently, and it is an advocacy-side estimate. Yet the underlying point stands. Existing facilities reach an energy reuse factor of just under 3%, according to the same article, so the baseline is poor. The government's case would be stronger if it were backed by public data on which sites cannot comply and why.

The data are thin. The first national data-centre register, published in mid-August 2026, lists 319 facilities by name and 166 anonymously. Netzpolitik puts the number of reporting-obligated facilities at about 1,000. So fewer than half have disclosed anything by name, and policy is being loosened before the evidence base exists. If regulators cannot see the sector, they cannot calibrate rules for it, whether strict or lenient.

Where NIS2 fits

The netzpolitik report does not mention NIS2 or KRITIS. The link is mine, and it is an analytical one. Germany's NIS2 implementation law entered into force on 6 December 2025. According to Reed Smith, it expands the BSI Act's scope from about 4,500 regulated organisations to roughly 29,500. Covered entities must register with the BSI, report significant incidents and document risk management. The BSI's own page states that the statutory registration deadline has already passed and tells entities that have not registered to do so at once.

Data centres sit squarely in this regime. Recital 35 of the NIS2 Directive says the directive covers providers of data centre services that are not cloud computing services. It excludes in-house corporate data centres owned and operated by the entity concerned. Whether a particular operator is "important" or "essential" depends on its size, so the two obligations overlap only partly. An operator subject to the efficiency register and to BSI oversight now answers to two regulators with two sets of data, and the register shows that neither set is complete.

What good oversight looks like

The sensible response is neither to defend every EnEfG number nor to cheer the retreat. Three principles follow.

The EFF made a related argument about AI security in September. In its submission to lawmakers, it urged that rules be grounded in documented risks and proven practice, so that they stay useful as technology changes. That advice transfers well to infrastructure policy. Rules grounded in measured outcomes can be defended when they tighten and when they loosen.

Bottom line

Germany can reasonably decide that a 1.2 PUE and a 20% reuse factor are the wrong tests for every site. It cannot reasonably decide this without data. The Bundestag has weeks to ask the ministry for the numbers behind the amendment, and it should.

Sources & Citations

  1. Netzpolitik: KI-Boom, Regulierung von Rechenzentren
  2. EnEfG § 11 (Klimaneutrale Rechenzentren)
  3. BSI: NIS-2-regulierte Unternehmen
  4. Reed Smith: Germany enacts its NIS2 law
  5. NIS2 Directive Recital 35 (Prighter)
  6. EFF: Ground AI Cybersecurity Rules in Best Practices