Smart meters offer a way to address challenges created by the growing production and availability of volatile renewable energies, but they also create problems with respect to data protection. The implementation of interoperable smart meters on the grounds of EU law creates concerns in regard to compatibility with EU Charter of Fundamental Rights, Article 7. The EU should therefore adopt an area-specific protection concept, which contains detailed rules to remove the concerns about the legality of interoperable smart meters. This chapter gives a detailed analysis of the smart-meter-related EU legislation and, to put implementation of smart meters into a more general context, gives an overview on the implementation of smart meters in the United States of America.
The Energy Charter Treaty is part of a complex system governing international trade. Resolving its relation to the WTO Agreement needs a specific regulation that resulted in Article 29 ECT. Article 29 ECT incorporates essential rights and obligations from the WTO Agreement into the Energy Charter Treaty where any Contracting Party is not a member of the WTO. Thus, it ensures that every Contracting Party of the ECT is treated equally in matters relating to Trade in Energy Materials and Products as well as Energy-Related Equipment. The provision includes paragraphs on the introduction of the WTO Agreement’s rights and obligations, on a full transparency obligation, on a best-endeavour commitment, on a stand-still clause and on a specific dispute settlement system.