Overview
The energy sector faces unprecedented change. Growing decarbonisation of the economy and the transition to a green and digital society are spurring increasing investment in the development of new technologies to tackle the climate emergency. Integration of renewables in the energy system is increasing substantially, new energy storage solutions are being developed, distributed energy generation is being promoted and energy communities are being incentivised. Technology is playing a central role in all these trends, bringing costs down and efficiency up at the generation, transmission, distribution and consumption levels.
Trends
The energy sector is increasingly investing in technologies and innovation through the whole value chain, from new technologies for energy generation that are less pollutant, better use endogenous resources and promote circular economy, to the development of solutions for smart management of generation and consumption through resorting to digitalisation and intelligent technologies – from self-consumption to the implementation of smart grid and smart metering solutions.
Efficient management of energy resources, using materials or technologies that allow the reduction of the energy consumption such as in building and equipment, is also a central topic. Likewise, electric mobility is becoming widespread, with charging points being deployed for electric vehicles.
In addition, the sector is also driving a change in Utilities Companies and fetching new players to the energy sector by presenting Energy-as-a-Service (EaaS) solutions, which allow companies to transition from selling energy to selling integrated services where under a same umbrella a company can promote self-generation solutions, optimize energy efficiency and management of consumption needs.
In this respect, the use of Big Data is also becoming central in the development of customer profiles and service personalisation.
Legal Challenges
New legal and regulatory challenges arise from the increasing digitalisation, automation and connectivity in the sector:
New technologies are being developed and used to better generate and store electricity from different sources. Approaches such as decentralised generation and generation of electricity for self-consumption are increasingly relevant, whilst new storage mechanisms play a central role in the security of energy supply. Legal challenges arise from the use of new technologies, including with relation to their testing and deployment.
Smart grids are essential for a more efficient and sustainable management of energy transmission and distribution, but their deployment may bring challenges related to regulatory obligations, security and liability, among others.
The use of new technologies for personalised services, as well as of Big Data, is increasing, with the IoT set to play a central role in providing data for the energy market. Blockchain technology is also being discussed as a means to facilitate energy transactions, all of which bring legal and regulatory challenges.
New technologies and materials that ensure energy efficiency, as well as smart meters, bring new opportunities but require also legal and regulatory attention.
- Regulatory & Compliance
- Technology integration and updates
- Data (personal and non-personal) & Cybersecurity
- IP & Trade Secrets
- Liability & Insurance
Step-by-step
What?
Forces driving the market
Use of technologies to reduce the environmental footprint in all stages of the value chain, including through the generation of energy from renewable sources and in electric mobility.
Artificial intelligence, machine learning, DLT / Blockchain, are increasing the efficiency and effectiveness of organisations and services through tools such as smart meters, smart energy management systems and blockchain based energy transactions.
5G and IoT are central in the development of efficient smart grids, allowing the detection of changes in energy supply and demand, as well as safety improvement.
Cloud computing, data mining and analytics are bringing added value to the operations throughout the value chain.
From decentralised generation and generation of electricity for self-consumption, to Energy-as-a-Service (EaaS), the sector is fast changing.
How?
Can we help you
VdA has vast experience and strong expertise in all policy, legal and regulatory matters associated with Tech Energy. Our unique tech and industry insights allow us to provide 360.º legal services to organisations, governments, and regulators.
- Energy generators
- Energy transmission and distribution operators
- Energy suppliers
- Developers and technology suppliers
- R&D institutions
- Incubators and accelerators
- Investors
- Lenders
- Insurers
- Governments
- Regulators
Our team of experts is delivering strategic and sophisticated legal advice to help our clients on their most challenging and promising projects. With a track-record of advising complex projects for leading companies in the sector as well as for the public sector, VdA services include:
Private sector:
- Advising on regulatory and compliance issues for developing, testing and implementing new technologies in all stages of the value chain, as well as new activities, products and services resorting to new technologies
- Advising on liability & insurance issues, as well as on data (personal and non-personal) and cybersecurity, and on IP protection and technology transfer
- Advising in the implementation of new technological tools, including drafting and negotiating contracts for development, sale and purchase, provision of services, including terms of service and privacy policies
Public sector:
- Drafting policies, strategies and laws for the digitalization of the Energy market
- Advising on public contracts: administrative contracts, public tenders, pre-contractual proceedings
- Negotiating partnerships and memoranda of understanding with governments, institutions, agencies and the private sector
Our team of experts
The disruption of the Energy ecosystem arising from the implementation of technologies raises complex challenges that require a holistic and sophisticated legal analysis.
We help our clients meet their goals through a cross-sector team that brings lawyers from our Energy, ITC, and Data & Cybersecurity Practice Areas. In addition, to deal with the complex challenges brought by resorting to technologies in the sector, our team further works routinely with our colleagues from Projects, Infrastructures & Mobility, Planning & Environment, IP, Banking & Finance, Public Procurement, among others.
Why?
Specialised knowledge is required
The opportunities and challenges of the Energy sector, including those arising from the deployment of emerging technologies and the lack of regulatory certainty, are complex. Therefore, specialised knowledge is required in the development and deployment of digitalization strategies. VdA is especially knowledgeable of the opportunities and challenges brought by the use of technology in the Energy sector in Europe and in Africa.
VdA is well aware of the opportunities and challenges of the Energy Sector in Europe, including those deriving directly from the evolving EU legal framework. VdA has been closely accompanying the EU legislation, policies and strategy. Moreover, VdA is fully aware of the European energy technology policy that has been established through the European Strategic Energy Technology Plan (SET-Plan), which seeks to bring high potential technologies closer to commercialisation through research and innovation.
In addition, VdA has detailed know-how on the challenges brought by and to the Energy sector when it comes to data (personal and non-personal) and cybersecurity, including in the light of the GDPR and the legal provisions and guidelines on cybersecurity.
VdA advises clients in the development, testing and commercialisation of energy related technologies and of energy activities and services resorting to new technologies, taking into consideration not only the applicable regulatory framework, but also other relevant legal and regulatory frameworks, including, for instance, on cybersecurity and critical infrastructures / entities, Intellectual Property, tax, environment, software licenses, hardware supply, consumer protection, among others.
VdA is well aware of the opportunities and challenges of the energy sector in Africa, including the challenges and opportunities arising from the need to ensure energy access and reliability, as well as environmental sustainability. The growing trend of decentralised, off-grid energy projects, and the use of Africa’s vast renewable resources, are also set to play an important role in the continent.
Several central projects within the African Union, such as the Africa Renewable Energy Initiative (AREI) and the implementation of Sustainable Energy for All (SE4ALL) Initiative in Africa show the centrality of this sector in the continent.
In this scope, the Digital Transformation Strategy for Africa (2020-2030) expressly mentions the energy sector, including through the promotion of policies for digital innovation that address shortcomings in the sector.
VdA excels at providing legal advice tailored made to the needs of each client, grounded on a highly specialised knowledge and the accumulated experience in each geography where we operate with VdA Legal Partners. VdA advises clients in the development, testing and commercialisation of energy related technologies and of energy activities and services resorting to new technologies, taking into consideration not only the applicable regulatory framework, but also other relevant legal and regulatory frameworks, including, for instance, on cybersecurity, Intellectual Property, tax, environment, consumer protection, among others.
When?
Can we do it for you
Assisting you in devising the best approach and models for your business, project, product and service, in the light of legal and regulatory opportunities and constraints.
Assisting you in the development and setting-up of your business, project, product and service, drafting all required documentation, assisting in the negotiation of contracts, interacting with competent authorities, and accompanying you every step of the way.
Assisting you in addressing day-to-day business goals and challenges in the light of the applicable laws and regulations. We are here for you.