Data-centre rules
Data centre regulation in Austria
Our tracker lists 17 rules for building and running a data centre in Austria, national and EU, and 13 of them are in force.
Each comes with its status, who it applies to and the next date that matters. When a rule here changes, the change is logged below with its date.
Rules that apply in Austria
National rules first, then the EU rules every member state applies. Status as on the tracker.
| Rule | Level | Status | Applies to | Next date |
|---|---|---|---|---|
| Federal Energy Efficiency Act (EEffG), section 72a with section 60(5) and (6), inserted by Federal Law Gazette I No. 29/2024 | National | In force since 18 April 2024; fine in section 68(4) point 3(f) in force since 15 May 2025 | New and existing sites. Owners and operators of data centres with installed IT electrical power of at least 500 kW: publish minimum data (location, floor area, installed power, data traffic, energy, waste heat, water and renewables indicators) on their website and report to the European data centre database; centres used exclusively for national defence and civil protection excluded; fine up to 20,000 euros | 15 May 2027 (annual deadline 15 May) |
| Network and Information Systems Security Act 2026 (NISG 2026, NIS2 transposition), Annex 1 point 8 and sections 24 and 29, Federal Law Gazette I No. 94/2025 | National | In force since 1 October 2026 (Federal Law Gazette I No. 94/2025, published 23 December 2025) | New and existing sites. Providers of data centre services, except services run and used exclusively by the entity itself: large undertakings are essential entities, medium-sized ones important entities; registration with the cybersecurity authority within three months of entry into force | No date published |
| Critical Entities Resilience Ordinance (RKEV), section 11 point 5, Federal Law Gazette II No. 91/2026 | National | In force since 15 April 2026 | New and existing sites. Operators of a data centre with installed IT electrical power of at least 5,000 kW meet the threshold for identification as a critical entity in the digital infrastructure sector; identification is by decision of the authority | No date published |
| Second Permit Exemption Ordinance under the Trade Act, section 1(1) point 11, inserted by Federal Law Gazette II No. 172/2018 | National | In force since 7 July 2018 | Data centres with no combustion installations, where combustion engines are kept only for emergency power, need no commercial plant permit; section 2 sets exclusions | No date published |
| Draft amendment of the Environmental Impact Assessment Act 2000 (138/ME), Annex 1 point 19a | National | Draft published for consultation 21 September 2026; consultation ends 1 November 2026 | New sites. New construction of data centres with installed connection capacity of at least 100 MW would need an environmental impact assessment; new construction of at least 50 MW in protected areas of category D would need a case-by-case screening to decide whether an assessment is required; existing sites and extensions are not named | 1 November 2026: consultation closes |
| Vienna Energy and Climate Law Implementation Act 2020 (WERUG 2020), sections 7, 8, 10 and 22, as amended by Vienna Provincial Law Gazette No. 28/2026 | National | In force since 17 July 2026 | New and existing sites. Vienna. Existing data centres with nominal total energy input above 1 MW must use their waste heat unless a cost-benefit analysis shows it is not technically or economically feasible; new builds and substantial upgrades above 1 MW need a cost-benefit analysis and a permit; fine up to 25,000 euros for operating without using waste heat | No date published |
| Upper Austria Energy Efficiency Act (Oö. EEffG), sections 11, 12 and 17, Provincial Law Gazette No. 29/2026 | National | In force since 1 April 2026 | New and existing sites. Upper Austria. Data centres with nominal total energy input above 1 MW must use their waste heat unless a cost-benefit analysis shows it is not technically or economically feasible; new builds and substantial upgrades above 1 MW need a cost-benefit analysis; fine up to 10,000 euros or twice the gain | No date published |
| Tyrol Energy Efficiency Act (TEffG), section 17, Provincial Law Gazette No. 21/2026 | National | In force since 31 March 2026 | New and existing sites. Tyrol. Existing data centres with nominal total energy input above 1 MW must use their waste heat unless a cost-benefit analysis shows it is not technically or economically feasible; new builds and substantial upgrades above 1 MW need a cost-benefit analysis and a permit; no permit is needed where the waste heat feeds a district heating network or is used on site | No date published |
| Burgenland Energy Efficiency Act (Bgld. EEG), sections 11 and 12, Provincial Law Gazette No. 105/2025 | National | In force since 30 December 2025 | New and existing sites. Burgenland. Data centres with nominal total energy input above 1 MW must use their waste heat unless a cost-benefit analysis shows it is not technically or economically feasible; new builds and substantial upgrades above 1 MW need a cost-benefit analysis | No date published |
| Vorarlberg Act on Operator Duties for Environmental Protection, section 12, as amended by Provincial Law Gazette No. 41/2026 | National | In force since 18 September 2026 | New and substantially upgraded sites. Vorarlberg. New builds and substantial upgrades of data centres with nominal total energy input above 1 MW must assess waste heat use and district heating connection in a cost-benefit analysis, unless the waste heat feeds a district heating network or is used in the data centre's buildings; no use duty for existing sites | No date published |
| Lower Austria Spatial Planning Act 2014, sections 11c and 18c, Provincial Law Gazette No. 38/2026 | National | In force since 9 June 2026 | New sites. Lower Austria. Data centres using more than 0.5 ha may only be built in the zoning category Bauland-Sondergebiet-Rechenzentrum, with sites less than 500 m apart counted together; zoning above 3 ha only on land the state government has declared suitable by ordinance; zoning must secure sufficient electricity supply and consider waste heat use | No date published |
| EED reporting, Article 12 and Delegated Regulation 2024/1364 | EU | In force | New and existing sites. Data centres ≥500 kW installed IT power | 15 May 2027, next annual report |
| EED waste heat, Article 26(6) | EU | In force | New and existing sites. Data centres >1 MW total rated energy input | Ongoing duty |
| EED energy management systems, Article 11 | EU | In force as a Directive duty on Member States; deadline not yet reached | Enterprises, including data-centre operators, with average annual energy consumption above 85 TJ (23.6 GWh) over the previous three years, all energy carriers together | 11 October 2027, certified energy management system in place |
| EU rating scheme, delegated regulation adopted 21 Sep 2026 | EU | Adopted, in Parliament and Council scrutiny | New and existing sites. Same ≥500 kW reporting population | In force 20 days after Official Journal publication, if not objected to |
| EU minimum performance standards | EU | Consultation open | Not yet defined | 14 December 2026, consultation closes |
| Cloud and AI Development Act, COM(2026) 502 | EU | Proposal, with Parliament and Council | Cloud and AI infrastructure providers broadly | No fixed date |
Austria in detail
What the national rules say, with the legal texts.
In Austria the federal rule is reporting, and waste heat is a matter for the nine states. Since 18 April 2024, owners and operators of data centres with at least 500 kW of installed IT power must publish their energy data and report to the European database by 15 May each year under section 72a of the Federal Energy Efficiency Act, with fines of up to 20,000 euros. Vienna, Upper Austria, Tyrol, Burgenland and Vorarlberg have since 30 December 2025 set waste-heat use duties or cost-benefit analysis duties for data centres above 1 MW of nominal total energy input, and Lower Austria has required a dedicated zoning category for sites above 0.5 ha since 9 June 2026. A federal draft published on 21 September 2026 would require an environmental impact assessment for new data centres from 100 MW of installed connection capacity.
Dates to watch
The next dates for Austria and the EU, soonest first.
- 14 Dec 2026The EU Commission's minimum performance standards consultation and call for evidence closes
- 15 May 2027EU database due every year
- 11 Oct 2027EU deadline under Article 11 of the Energy Efficiency Directive for a certified energy management system at enterprises above 85 TJ (23.6 GWh) of annual energy consumption
Formal refusals and bans since 2025
Verified decisions only. Absence is not evidence of low planning risk.
No formal refusal or ban recorded for Austria in this register. The register covers decisions we have verified, not every decision taken.
Decisions from 1 Jan 2025; statuses checked 11 Oct 2026.
What changed
Every change to these rules on the tracker, newest first.
- 18 Oct 2026Added to the tracker: EED energy management systems, Article 11 (In force as a Directive duty on Member States; deadline not yet reached).
- 15 Oct 2026Added to the tracker: Federal Energy Efficiency Act (EEffG), section 72a with section 60(5) and (6), inserted by Federal Law Gazette I No. 29/2024 (In force since 18 April 2024; fine in section 68(4) point 3(f) in force since 15 May 2025).
- 15 Oct 2026Added to the tracker: Network and Information Systems Security Act 2026 (NISG 2026, NIS2 transposition), Annex 1 point 8 and sections 24 and 29, Federal Law Gazette I No. 94/2025 (In force since 1 October 2026 (Federal Law Gazette I No. 94/2025, published 23 December 2025)).
- 15 Oct 2026Added to the tracker: Critical Entities Resilience Ordinance (RKEV), section 11 point 5, Federal Law Gazette II No. 91/2026 (In force since 15 April 2026).
- 15 Oct 2026Added to the tracker: Second Permit Exemption Ordinance under the Trade Act, section 1(1) point 11, inserted by Federal Law Gazette II No. 172/2018 (In force since 7 July 2018).
- 15 Oct 2026Added to the tracker: Draft amendment of the Environmental Impact Assessment Act 2000 (138/ME), Annex 1 point 19a (Draft published for consultation 21 September 2026; consultation ends 1 November 2026).
- 15 Oct 2026Added to the tracker: Vienna Energy and Climate Law Implementation Act 2020 (WERUG 2020), sections 7, 8, 10 and 22, as amended by Vienna Provincial Law Gazette No. 28/2026 (In force since 17 July 2026).
- 15 Oct 2026Added to the tracker: Upper Austria Energy Efficiency Act (Oö. EEffG), sections 11, 12 and 17, Provincial Law Gazette No. 29/2026 (In force since 1 April 2026).
- 15 Oct 2026Added to the tracker: Tyrol Energy Efficiency Act (TEffG), section 17, Provincial Law Gazette No. 21/2026 (In force since 31 March 2026).
- 15 Oct 2026Added to the tracker: Burgenland Energy Efficiency Act (Bgld. EEG), sections 11 and 12, Provincial Law Gazette No. 105/2025 (In force since 30 December 2025).
- 15 Oct 2026Added to the tracker: Vorarlberg Act on Operator Duties for Environmental Protection, section 12, as amended by Provincial Law Gazette No. 41/2026 (In force since 18 September 2026).
- 15 Oct 2026Added to the tracker: Lower Austria Spatial Planning Act 2014, sections 11c and 18c, Provincial Law Gazette No. 38/2026 (In force since 9 June 2026).
Get an alert for Austria
We write to this list when a rule here changes status or a date moves, usually within a week of the change appearing in the log above. Nothing else, and your address is never shared.
Questions
Which rules apply to a data centre in Austria?
Our tracker lists 17 rules for building and running a data centre in Austria, national and EU, and 13 of them are in force.
What is the next date for data centre rules in Austria?
The next date is 14 Dec 2026: the EU Commission's minimum performance standards consultation and call for evidence closes.
From the European data-centre regulation tracker, which cites the legal text for every rule. Data-centre market data for Austria.
Sources: EUR-Lex (Official Journal of the EU), European Commission, RIS (Austrian federal law).