​​​ACER is highly committed in processing personal data in a lawful way.

The Agency processes personal data collected according to the provisions of Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data.

ACER only processes personal data for the performance of tasks carried out in the public interest in accordance with European Union law or whilst legitimately exercising the official authority vested to the Agency. Furthermore, the processing of personal data is lawful as a part of a legal or contractual obligation or when the data subject concerned has given his or her unambiguous consent.

The Agency will not process personal data for marketing or commercial purposes.

The Agency's supervisory authority, in terms of processing personal data​​, is the European Data Protection Supervisor (EDPS). The EDPS is responsible for the monitoring of European Union institutions, agencies and bodies and their compliance with data protection rules, ensuring that the rights to privacy and data protection are respected.

Data Pro​​tection Officer 

The Agency appointed a Data Protection Officer (DPO) to ensure, in an independent manner, the internal application of data protection requirements.

The DPO's main functions are to:

• Inform data controllers and individuals regarding their obligations and rights pursuant to Regulation (EU) 2018/1725,
• Cooperate and consult with the EDPS,
• Ensure the transparency of Agency's processing operations. The DPO keeps a register of all personal data processing operations performed at the Agency,
• Advise on lawful processing of personal data, ensuring that data controllers respect the rights to privacy and data protection in the course of their work,
• Provide recommendations, develop guidelines to enhance good practice, organise training and awareness session for Agency' staff,
• Support the data subjects on the exercise of their rights,
• Provide advice with regards to data protection related breaches,
• Ensure in an independent manner the internal application of the Regulation (EU) 2018/1725.

ACER has the legal obligation to keep a register of all personal data processing operat​ions which have been notified to the Data Protection Officer (DPO). The register aims at ensuring transparency to the public and it is accessible to any interested person. The register contains the following information:

• The Agency's department processing personal data,
• Name of the processing operation,
• Purpose of the processing operation.

ACER processes any individual's personal data in compliance with the Regulation (EC) No 2018/1725.

The data privacy notices (DPN) describe the Agency's policies and practices regarding collection and use of personal data on different operations:

• Staff Administration: covering any processing activities ACER may carry out on data related to staff members, trainees, SNEs and interim staff.
• Interactions with Stakeholders: covering any contact persons within NRAs, energy market participants, organised marketplaces and other stakeholders the Agency may engage within the context of meetings, questionnaires, requests for feedback, roundtables, working groups, etc.
• ARIS and CMT:  covering any processing activities undergone on the REMIT Portal, including applications and platforms made available on the REMIT Portal.
• Financial Management:  covering any processing related to data of anyone entering into financial relationships / transactions with ACER, including other activities connected with the financial and budgetary management.
• ACER Website: acting as ACER Website Privacy Policy.
• ACER In-Person Events: covering any processing activities related to the organisation of ACER in-person events.
• ACER External Webinars and Online Events: covering any processing activities related to ACER online meetings and events.
• Meetings with ACER Director: covering the disclosure of information on individuals (self-employed or representing organisations) meeting with the Director.
• Recruitment and Selection: covering the data processing on applicants and candidates to traineeship programmes, staff positions or assignments.
• Procurement and Contract Management: covering the data processing on tenderers and contractors concerning procurement procedures.
• ACER Offices: covering any processing operations on persons physically present at the Agency's premises (access control, CCTV and Wi-Fi).
• Electricity and Gas Information System (AE​GIS): covering any processing activities undergone on the AEGIS Portal, including applications and platforms made available therein.​
• Board of Appeal: covering any processing activities carried out in the context of proceedings before the Agency's Board of Appeal.
• RVT Requirements: covering processing of personal information in connection with the checks of adequate proof of COVID-19 recovery, vaccination or testing carried out when accessing ACER premises.
• EU-Sign services: covering how and why EU Sign processes, collects, handles and ensures protection of personal data provided and what rights can be exercised. 

ACER (the EU Agency) and the national (energy) regulatory authorities protect energy markets from abuse, building trust that energy markets work well for businesses and citizens. It is important that wholesale energy markets function well and that prices are determined in a fair way. 

The Regulation on Wholesale Energy Market Integrity and Transparency (REMIT) came into force in 2011 to support open and fair competition in the European wholesale energy markets.

The revised REMIT (which takes effect from 7 May 2024) introduces new measures to better protect the EU citizens and businesses from energy market abuse. How?

• The revised REMIT brings a closer alignment of the EU rules on transparency and integrity of energy markets with those in the financial markets.
• The scope of REMIT is expanded. For example, it now also covers energy (electricity and gas) storage, and the market abuse provisions under REMIT also apply to financial instruments.
• ACER regular surveillance scope is expanded to EU platforms covering electricity balancing markets and more information is provided about algorithmic trading.
• The REMIT reform creates a new setting for investigations and enforcement. ACER has been granted investigatory powers in cross-border cases (involving 2 or more Member States). These powers complement the national regulators’ investigatory powers with ACER and the national regulatory authorities (NRAs) working closely together.
• Enforcement continues to be at national level. The power to impose fines for infringements of the REMIT prohibitions or the substantive obligations included in the regulation will remain in the hands of the Member States. ACER’s enforcement powers are limited to ACER being able to carry out our investigations or compliance with our requests for information e.g. if a party inhibits our onsite inspection or fails to provide the requested information then ACER can impose a fine. ACER has also been tasked with adopting decisions to approve the authorisations and the withdrawal of authorisations of Inside Information Platforms (IIPs) and Registered Reporting Mechanisms (RRMs). 
  • ‘Inside Information Platforms (IPPs)’ are internet-based platforms where market participants can publish inside information. With the revised REMIT it will be mandatory to use IIPs for the disclosure of inside information.
  • ‘Registered Reporting Mechanisms (RRMs)’ are entities that have the authority to submit data and transaction information to ACER on their own behalf (their own data) and/or report data of other market participants (in which case they provide a service). There are about 140 RRMs (see the list of RRMs). Authorisation is only available to RRMs that were founded within the European Union.
  • ACER will also develop and operate a platform serving as a sector-specific electronic access point for inside information that is disclosed, as well as a digital reference centre of information on EU wholesale energy market data.

See the ACER Open letter which addresses questions from stakeholders to help them comply with their reporting obligations under ‘Revised REMIT’.

​Multiple actors cooperate and contribute in ensuring and delivering the transparency and integrity of wholesale energy market under REMIT. These include ACER, national regulatory authorities (NRAs), persons professionally arranging transactions, market participants, or any person observing potential market abuse.

All these actors can notify a potential REMIT breach observed either in the analysis of REMIT data, continuous market monitoring, or in their daily practice.

Anyone can notify suspicious behaviour under REMIT through the Notification Platform.

ACER is legally mandated to collect all relevant trading data in wholesale energy markets, to surveil the European wholesale energy markets, and to coordinate the follow-up of any possible REMIT breach to ensure consistency at European level.

Cycle of REMIT activities (under ACER and NRAs):

• ​​​​​​Define data collection standards
• ​​​Collect REMIT Data 
• ​​​Assess 
• ​​​Detect 
• ​​​Notify 
• Coordinate​
• Investigate 
• ​​​Penalise 
• ​​​Deter​

ACER creates a cross-border investigatory group (Sept 2022)

High prices and high volatility on the wholesale energy markets has led ACER and National Regulatory Authorities (NRAs) to reinforce their scrutiny of the behaviour of market participants, including non-EU companies, on the wholesale energy markets to:

• detect market manipulation that may have contributed to the current market situation and manipulative behaviours that may have emerged since the beginning of the energy crisis (due to the high price volatility);
• identify potential situations of inaccurate or misleading information provided to the market and/or insider trading.

In September 2022, ACER and 3 NRAs established a cross-border investigatory group.

Its aim is to coordinate and strengthen the efforts on fact-finding and evidence gathering.

The investigatory group will be closed when sufficient evidence is gathered to pursue a case or if NRAs conclude on the absence of a REMIT breach.