Dutch Energy Act: what changed after the Electricity Act and Gas Act

The Energy Act (Energiewet) brings the rules for electricity and gas together in one act and replaced the Electricity Act 1998 and the Gas Act, which were withdrawn on 1 January 2026. Network operators must still offer connection and transport, but the act gives a statutory place to grid congestion, active customers, energy sharing and data exchange, while many technical rules are set in methods and conditions approved by the Netherlands Authority for Consumers and Markets (ACM).

It is the largest overhaul of Dutch energy law since the Electricity Act 1998. This article sets out the main changes for network operators, suppliers, large consumers and private grid operators, and what you should check in your contracts now.

Why was a new act needed?

The old acts were written for a centralised energy market. Decentralised generation, grid congestion, electrification of industry, energy communities and digitalisation fitted that framework badly, and the Netherlands had to implement the EU Clean Energy Package, including the Electricity Directive and the Electricity Regulation.

The Energy Act is worked out further in secondary legislation, including the Energiebesluit (decree) and the Energieregeling (ministerial regulation). Parts of the act already applied from 22 February 2025; the old acts were withdrawn on 1 January 2026.

What changes in the structure of the law?

Electricity and gas now fall under one system with harmonised definitions in Article 1.1 Energy Act. The act is built around the roles in the energy system: system operators, suppliers, aggregators, active customers and energy communities.

Virtually no provision was carried over with the same number. Contracts, permits and procedures that refer to articles of the Electricity Act 1998 or the Gas Act therefore need to be checked and updated.

What changes for connection and transport?

Network operators must still offer a connection and transport on request (Articles 3.38 and 3.46 Energy Act). They may refuse if and for as long as capacity is demonstrably insufficient, but must then take appropriate measures, including grid expansion, to make an offer as soon as possible.

The detailed rules that used to be in the codes are now methods and conditions (methoden of voorwaarden), which the operators must apply after prior approval by the ACM (Articles 3.119-3.121). Operators must buy congestion management services through transparent, non-discriminatory and market-based procedures (Article 3.29). We wrote earlier about a grid connection refused by a network operator and about the rights, obligations and remedies around congestion management; for large consumers, see the Energy Act for large consumers.

Which new roles does the act recognise?

The act gives a full statutory position to parties that were hardly regulated before. An active customer (actieve afnemer) may consume, store, sell or share self-generated electricity and use flexibility services, provided this is not its main commercial activity (Article 1.1).

An energy community (energiegemeenschap) is a legal entity that carries out energy market activities for its members, with environmental, economic or social benefits as its main purpose and not aimed at making a profit. Active customers and members of an energy community may share energy through a supplier that offers energy sharing, provided each participant has a smart meter with an active communication function (Article 2.30).

An aggregator combines demand response or electricity fed in by several active customers for resale. Its contracts with active customers are aggregation agreements (Article 2.34), which raise questions about liability and the relationship with the supplier and the balance responsible party.

What is new on data?

Chapter 4 of the Energy Act sets a separate regime for energy data. It regulates which data operators and metering responsible parties collect, who may use and receive them, and how data security and privacy are protected (Articles 4.1-4.21).

The transmission and distribution system operators jointly set up a data exchange entity (gegevensuitwisselingsentiteit) that handles the exchange of energy data (Article 4.15). For energy companies and service providers offering data-driven products, this chapter has direct commercial significance.

What changes for closed distribution systems?

The closed distribution system returns as a closed system (gesloten systeem), which the ACM recognises on application by the owner if the statutory conditions are met (Article 3.7 Energy Act). One condition is that the business or production processes of the connected parties are integrated with the system for specific technical or safety reasons, or that the system primarily supplies the owner or related companies.

We discuss the criteria and procedure in our article on closed distribution systems under the Energy Act.

What is the role of the ACM?

The ACM remains the regulator and the dispute body. It approves the methods and conditions, sets the network tariffs annually for each operator (Article 3.110) and decides on exemptions.

A party with a dispute about how a system operator exercises its tasks can file a complaint with the ACM. The ACM must decide within two months, extendable by two months, and its decision is binding (Article 5.4 Energy Act). Other legal remedies, such as going to the civil court, remain available.

What happens to existing rights and contracts?

Chapter 7 of the Energy Act contains transitional law, for example on metering installations, recognised metering responsible parties and gas connections. Whether a specific connection or transport agreement, exemption or approval continues unchanged must be assessed case by case.

Disputes in this transitional phase often concern which rights from the old system carry over. For pending procedures and long-term contracts, check which regime applies before you take a position.

What should you check now?

• Do your connection, transport, supply and flexibility contracts refer to the Electricity Act 1998, the Gas Act or the old codes?
• Does your position under an exemption, approval or recognition continue under the Energy Act, and on which transitional provision does that rest?
• Do you operate a private grid, and does it qualify for recognition as a closed system under Article 3.7?
• Can you use the new roles, such as active customer, energy sharing or aggregation, and what contracts does that require?
• Do you process energy data, and does that comply with Chapter 4 of the Energy Act?

What can we do for you with the Energy Act?

Our energy lawyers advise network operators, private grid operators, producers and large consumers. We can:

• scan your contracts, exemptions and approvals for references to the old acts and update them;
• assess which transitional provision applies to your existing rights;
• prepare an application to the ACM for recognition of a closed system;
• structure energy sharing, cable pooling or aggregation, including the contracts with suppliers and participants;
• file and conduct a complaint against a system operator with the ACM under Article 5.4 Energy Act.

Read more about our work in energy law for businesses.

Summary

• The Energy Act replaced the Electricity Act 1998 and the Gas Act, which were withdrawn on 1 January 2026.
• Connection and transport duties remain; refusal is only possible while capacity is demonstrably insufficient.
• The old codes are replaced by methods and conditions approved by the ACM.
• Active customers, energy communities, energy sharing and aggregators now have a statutory basis.
• Check contracts and permits for references to the old acts and for the applicable transitional law.

Frequently asked questions