Summary Under the proposed Cloud and AI Development Act (CADA), Member States are explicitly required to ensure that all relevant spatial planning data are available to data centre operators. This obligation, set out in Article 10(3), is a binding requirement designed to eliminate information asymmetries and provide the investor certainty necessary to deploy infrastructure efficiently within designated "data centre acceleration zones." As proposed, this measure ensures that operators can access the geographic, zoning, and infrastructure data needed to plan and site facilities without being hindered by fragmented or opaque local planning systems.

Detail

The proposed Cloud and AI Development Act (CADA), COM(2026) 502 final, introduces a harmonised framework to accelerate the deployment of data centres across the European Union. A central pillar of this framework is the establishment of data centre acceleration zones (acceleration zones), where permitting and administrative processes are streamlined to address the Union's capacity gap. To make these zones effective, the proposal mandates greater transparency and accessibility of planning information.

The Obligation to Share Spatial Planning Data

Article 10 of the CADA proposal governs the designation of data centre acceleration zones. Specifically, Article 10(3) places a direct obligation on national, regional, and local authorities responsible for preparing spatial and development plans. The provision states that these authorities "shall consider including, in those plans, provisions for the development of data centre projects deployed in acceleration zones, and of the necessary infrastructure."

Crucially, the same paragraph mandates that: "Member States shall ensure that all relevant spatial planning data are available to data centre operators."

This requirement is not merely a suggestion for good practice; it is a binding obligation under the proposed Regulation. The purpose is to ensure that data centre operators have immediate and comprehensive access to the geographic, zoning, and infrastructure data necessary to plan, site, and build facilities. By centralising and making this data accessible, the EU aims to prevent delays caused by fragmented or opaque local planning systems. The text explicitly links this availability to the broader goal of facilitating the deployment of data centre projects within the acceleration zones.

Integration with Environmental and Water Assessments

Article 10(3) also addresses the integration of environmental assessments to further streamline the process. Where spatial plans are subject to assessments under the Environmental Impact Assessment Directive (Directive 2001/42/EC) and the Habitats Directive (Directive 92/43/EEC), the proposal requires that "those assessments shall be combined." Furthermore, if applicable, the combined assessment must address the impact on potentially affected water bodies referred to in the Water Framework Directive (Directive 2000/60/EC).

This streamlined approach to environmental and water impact assessments within the spatial planning process supports the goal of faster deployment, provided that the underlying data is transparent and accessible to the operators undertaking the projects. The availability of spatial planning data is thus a prerequisite for operators to understand the environmental constraints and opportunities within a designated zone before applying for specific permits.

Support for Investor Certainty

The requirement to make spatial planning data available serves a strategic economic purpose. The explanatory memorandum highlights that the EU's limited data centre capacity forces enterprises to route workloads through foreign infrastructure due to deployment bottlenecks. By ensuring that operators can access precise spatial planning data, CADA would reduce the risk and uncertainty associated with site selection.

Investors need to know, with high confidence, whether a site is zoned for data centre use, what infrastructure constraints exist, and what environmental safeguards apply. Article 10(3) ensures that this information is not held back by local authorities, thereby fostering a more predictable investment environment. This aligns with the proposal's broader objective to "ensure attractive conditions for the deployment of sustainable and innovative computing capacity" and to "increase computing capacity and AI developed and deployed in the EU."

Coordination with Other Authorities

While Article 10(3) focuses on data availability, it works in tandem with other provisions in Article 10. For instance, Article 10(4) requires Member States to ensure the involvement and coordination of all relevant national, regional, and local authorities, including transmission system operators and distribution system operators, when designating acceleration zones. This coordination ensures that the spatial planning data made available to operators is consistent with energy grid capacity and network connectivity plans.

This prevents situations where a site is spatially suitable but energetically constrained. The availability of spatial planning data, therefore, is not an isolated requirement but part of a holistic framework that integrates land use, energy, and connectivity planning to support the rapid deployment of data centres.

What this means for you

For cloud service providers, data centre operators, and investors, the requirement in Article 10(3) represents a significant shift towards greater transparency in the early stages of project development.

  • Due Diligence Efficiency: You can expect to have access to comprehensive spatial planning data for any designated acceleration zone. This allows for more accurate feasibility studies and faster site selection processes. You should prepare your internal workflows to leverage this data for rapid due diligence, reducing the time spent on initial site screening.
  • Proactive Engagement: While the data must be made available, it is still advisable to engage early with national, regional, and local authorities. Understanding how the spatial planning data integrates with local energy and connectivity plans (as required by Article 10(4)) will help you identify the most viable sites and anticipate potential grid connection challenges.
  • Environmental Compliance: Be aware that the spatial planning data will be linked to combined environmental and water impact assessments. As an operator, you must ensure your project designs align with these pre-established assessments to avoid delays in the permitting process. The data availability helps you understand the "aggregated baseline permit" conditions early on.
  • Monitoring Designations: Keep a close watch on the designation of acceleration zones in Member States where you plan to operate. Once a zone is designated, the obligation to provide spatial planning data becomes active. You should verify that the data provided is up-to-date and comprehensive before committing capital to a site, as this data is the foundation for the streamlined permitting process.

Common misconceptions

"Spatial planning data is only available upon request." This is incorrect. Article 10(3) mandates that Member States ensure the data is available. This implies a proactive obligation to make the data accessible, rather than a reactive one where operators must file individual requests for each piece of information. The goal is to create a transparent, open-data environment for these zones to facilitate investment.

"This applies to all land in the EU." The obligation in Article 10(3) is specifically tied to the designation of data centre acceleration zones. It does not automatically grant access to spatial planning data for all potential data centre sites outside these designated zones, although national laws may provide other avenues for access. The streamlined data availability is a specific benefit of building within the accelerated framework established by CADA.

"Spatial planning data includes all permitting decisions." Spatial planning data refers to the geographic, zoning, and infrastructure information contained in spatial and development plans. It does not replace the need for individual project permits. However, it does inform the "aggregated baseline permit" mentioned in Article 13, which covers common permits for activities within the zone. Operators still need to obtain additional permits for activities falling outside this baseline, but the availability of spatial data significantly reduces the uncertainty in that process.

Related

This is general information about a draft EU regulation, not legal advice.