A comprehensive investigation has revealed how Microsoft and major US technology companies successfully influenced European Union legislation to conceal the environmental impact of their datacentres from public scrutiny. Documents obtained by Investigate Europe show that industry demands were incorporated almost verbatim into EU law, creating an unprecedented secrecy provision that shields critical environmental data from researchers, journalists, and affected communities.
Tech Giants’ Coordinated Lobbying Campaign
In January 2024, during public consultations on the EU’s energy efficiency directive, Microsoft and DigitalEurope—a lobby group representing Amazon, Google, and Meta—submitted nearly identical proposals demanding that all individual datacentre information be classified as confidential. Their coordinated effort targeted a European Commission proposal that would have published aggregated environmental metrics from these facilities.
The final legislation, adopted in March 2024, incorporated the industry’s language with only minor modifications. Article 5 of the directive now requires “the commission and member states concerned shall keep confidential all information and key performance indicators for individual datacentres.” This blanket confidentiality provision means environmental data cannot be accessed even through freedom of information requests.
Legal Experts Sound Transparency Alarms
Ten leading legal scholars have warned that the confidentiality clause may violate EU transparency rules and the Aarhus Convention, an international treaty guaranteeing public access to environmental information. Professor Jerzy Jendrośka, who spent 19 years overseeing the Aarhus Convention and teaches environmental law at the University of Opole in Poland, expressed unprecedented concern about the provision.
“In two decades, I cannot recall a comparable case,” Jendrośka stated. “This clearly seems not to be in line with the convention.” The Aarhus Convention specifically ensures citizens’ right to access environmental information that affects their communities, making the blanket secrecy provision legally questionable.
Commission’s Active Enforcement of Secrecy
Internal documents reveal that the European Commission has actively enforced these secrecy provisions. In an email sent to national authorities in early 2025, a senior Commission official reminded them of their obligation to “keep confidential all information and key performance indicators for individual datacentres.” The official emphasized the importance of maintaining secrecy, noting that “the commission has already received various requests for access to documents by the media or the public in relation to the data. All these requests have been so far refused.”
This systematic rejection of transparency requests demonstrates how the industry-influenced legislation has created an information blackout around datacentre environmental impacts at a time when public scrutiny is most needed.
Timing Coincides with AI Boom
The secrecy provisions come as the EU aims to triple its datacentre capacity over the next five to seven years, driven by the artificial intelligence boom. The rise of AI chatbots and machine learning applications has created an unprecedented demand for energy-intensive computing facilities, many of which rely on fossil fuel power sources.
Meanwhile, separate research has exposed the questionable nature of the tech industry’s climate claims. A February 2026 report by environmental organizations found that 74% of industry claims about AI’s climate benefits are unproven, with only 26% citing published academic papers and 36% providing no evidence whatsoever.
Environmental Impact Remains Hidden
Under the current system, only broad national-level data is made publicly available, while information about individual facilities’ energy consumption, water usage, and emissions remains concealed. This arrangement particularly affects local communities who live near these facilities but cannot access data about their environmental impact.
The secrecy provision represents what experts describe as a new form of regulatory capture, where industry demands have been written directly into law to prevent public oversight of environmental consequences. As datacentres continue expanding across Europe to meet AI demand, citizens and researchers remain unable to assess the true environmental cost of this digital infrastructure boom.
The investigation highlights how corporate lobbying can successfully undermine environmental transparency, even within regulatory frameworks designed to increase accountability. As the EU positions itself as a global leader in artificial intelligence, questions remain about whether genuine environmental oversight is possible under these industry-influenced secrecy provisions.
This article draws on reporting from The Guardian, Investigate Europe, and Friends of the Earth.
