Energy has been a fundamental precondition for human survival, economic development, and preserving dignity throughout history. At the same time, the increasing digitalisation of energy systems, especially in the EU’s energy transition, creates new challenges, especially concerning rights such as data protection and privacy. Although European Law restricts the right to energy as a consumer right, it expressly recognises data protection and privacy as fundamental rights. This article outlines the theoretical, historical and legal foundations of the right to energy and analyses the implications of digitalisation for its realisation while also addressing emerging concerns about data protection and privacy rights. Furthermore, it identifies the tension points between the Recast Electricity Directive (RED) and the General Data Protection Regulation (GDPR) and provides recommendations for a legal framework that harmonises the abovementioned rights.
