MEP Lynn Boylan (The Left) has asked the European Commission to justify a delegated act that she says was copied from lobbying documents by Microsoft and DigitalEurope and undermines transparency provisions in the parent Energy Efficiency Directive. In a parliamentary question dated 4 June 2026, Boylan points to reports that Article 5(5) of Delegated Act (EU) 2024/1364 imposes blanket confidentiality on individual data centre environmental metrics, contradicting Article 12 of the directive, which aims to make such information publicly available. She also alleges the Commission has discouraged Member States from fulfilling freedom of information requests on these metrics.
the Commission must explain how a delegated act can contravene a co-legislated directive, and how discouraging public access to data is compatible with the Aarhus Convention and the EU Charter of Fundamental Rights. The policy orientation is toward stronger transparency and accountability, pushing back against industry influence on rulemaking. The Commission is expected to reply within approximately six weeks; its answer will signal whether it defends the delegated act or acknowledges a need for revision.
EU citizens and environmental NGOs would benefit from greater transparency on data centre energy use, while tech companies like Microsoft and DigitalEurope face potential disclosure of commercially sensitive metrics. The Commission's credibility on transparency is at stake, and Member States may face conflicting obligations between EU law and national access-to-information rules.