FantasticSearch

1. Without prejudice to Article 19 of Directive (EU) 2019/944, transmission system operators, distribution system operators and relevant market participants, including independent aggregators, may use, upon the consent of the final customer, data from dedicated measurement devices for the observability and settlement of demand response and flexibility services, including from energy storage facilities. For the purposes of this Article, the use of data from dedicated measurement devices shall comply with Articles 23 and 24 of Directive (EU) 2019/944 and other relevant Union law, including data protection and privacy law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (). Where such data are used for research purposes, information shall be aggregated and anonymised.

2. Where a final customer does not have a smart meter installed or where the smart meter of a final customer does not deliver the necessary data to provide demand response or flexibility services, including through an independent aggregator, transmission system operators and distribution system operators shall accept the data from a dedicated measurement device, where available, for the settlement of demand response and flexibility services, including energy storage, and shall not discriminate against that final customer in their procurement of flexibility services. That obligation shall apply subject to compliance with the rules and requirements established by the Member States pursuant to paragraph 3.

3. Member States shall establish the rules and requirements for a dedicated measurement device data validation process to check and ensure the quality and consistency of the relevant data, and interoperability, in accordance with Articles 23 and 24 of Directive (EU) 2019/944 and other relevant Union law.