In accordance with the provisions of Royal Decree 1011/2009, of June 19, which regulates the Supplier Switching Office (OCSUM), the SIPS information was provided since that year by OCSUM, once this information was collected from the distributors.

Subsequently, on July 1, 2014, the CNMC assumed the functions of OCSUM in accordance with the provisions of the Transitional Provision 3rd of Law 24/2013, of December 26, of the Electricity Sector. Among these functions was the delivery of supply point databases to electricity and natural gas marketers who request them. To make the SIPS information available to marketers who demand it, as a preliminary step, the CNMC published in the BOE on July 14, 2014 a Resolution for the creation of an automated file of personal data, to register it with the Spanish Data Protection Agency, by virtue of the new competences assigned to the CNMC in accordance with the aforementioned Transitional Provision 3rd.

In September 2014, a first basic format was issued. Subsequently, in July 2016, a second standard format was developed. In parallel, at that time, the information delivery/reception system was also adapted to the new CNMC procedure, which uses an API application on its website. All of this was aimed at facilitating access to the electricity and gas SIPS for all registered marketers, independent and vertically integrated companies.

THE CNMC, AS THE ENTITY RESPONSIBLE FOR THE SIPS, IS THE ONLY BODY OTHER THAN THE DISTRIBUTORS THEMSELVES WITH THE CAPACITY TO DELIVER IT TO THE MARKETERS.

Ultimately, within the framework of its competences, the CNMC makes available to marketers who request it, the data of the supply points communicated monthly to the organization by the electricity and gas distributors operating in Spain.

The structure and access to the SIPS are regulated in:

Article 7 of Royal Decree 1435/2002, of December 27, for the electricity sector.
Article 43 of Royal Decree 1434/2002, of December 27, for the natural gas sector.
Article 3.s) of Royal Decree 1011/2009, of June 19, which regulates the Supplier Switching Office.
Pursuant to the provisions of Article 3.s) of Royal Decree 1011/2009, and Article 7.3) of Royal Decree 1435/2002, the CNMC cannot deliver the SIPS databases to entities that are not energy marketers, or marketers who have not submitted the communication of commencement of activity and responsible declaration, who are not listed in the CNMC's published list, and who do not comply at all times with the requirements demanded to carry out energy marketing activities.

UNDER NO CIRCUMSTANCES MAY SUBJECTS OTHER THAN THOSE CONTEMPLATED IN REGULATION, OR MARKETERS WITHOUT EXPRESSLY GRANTED ACCESS AUTHORIZATION BY THE CNMC, HAVE ACCESS TO THE SIPS DATABASE OR ITS CONTENT, NOR OFFER IT TO THIRD PARTIES.

In the field of natural gas, the SIPS accessed contains the identification of the supply point holder and their address. Furthermore, when referring to natural persons, the energy consumption data (gas or electricity) individualized for each supply point, contained in the SIPS along with the universal code that identifies each supply point ("CUPS"), are considered personal data, as they refer to an identifiable person. Therefore, these data contained in the SIPS fall within the scope of application of the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD).

Specific legislation on electricity establishes a series of regulatory obligations that marketers must comply with:

Article 46.1.k) of Law 24/2013, of December 26, on the Electricity Sector, establishes that, in relation to the supply point, it is the obligation of marketing companies to «Preserve the confidential nature of the information they become aware of in the performance of their activity, when its disclosure could lead to commercial issues, without prejudice to the obligation to provide information to Public Administrations».

Article 7.3) of Royal Decree 1435/2002,  of December 27, which regulates the basic conditions of energy acquisition contracts and access to low-voltage networks, establishes that «Marketers, and other entities that use the information contained in the supply point databases of distribution companies, as provided for in this provision and in Article 46.1.k) of Law 24/2013, of December 26, on the Electricity Sector, must sign a code of conduct and ensure the confidentiality of the information contained therein».

Article 43 of Royal Decree 1434/2002, of December 27, which regulates the activities of transportation, distribution, marketing, supply, and authorization procedures for natural gas installations, establishes the conditions of SIPS, stating that «Marketers who use the information contained in the supply point databases of distribution companies, as provided for in this provision, must ensure the confidentiality of the information contained therein. Those to whom such information refers shall have the right to access their data contained in this register free of charge and, furthermore, may prohibit in writing the distributors from disseminating the data they expressly indicate».

For consultation or download, marketers must first request registration in the management system of electricity and gas supply point databases through the procedure established for this purpose, and their request must be approved by the CNMC, which will provide access.

The registration request must be made by a legal representative of the marketer, who expressly guarantees compliance with the applicable regulations on the protection of personal data regarding the received data, and who will maintain at all times the confidentiality of the data information, adopting the necessary and precise measures in the treatment processes, which are their sole responsibility. In particular, through their request, the legal representative commits to informing the personnel who use the information of its confidential nature and its subjection to personal data protection regulations, as well as to immediately implement the necessary means to ensure compliance with such conditions.

Distributors are required to send to the CNMC between the 1st and 8th of each month, the data related to each and every supply point connected to their networks and to the transport networks in their area, through the procedure established for this purpose by the CNMC.

This obligation to provide information to the CNMC regarding the data related to supply points is set out in:

1. Article 7.2) of Royal Decree 1435/2002, of December 27, which regulates the basic conditions of energy acquisition contracts and access to low voltage networks, establishes that: «distribution companies must send to the National Commission of Markets and Competition […], the data related to each and every supply point connected to their networks and to the transport networks in their area through a physical computer medium that allows its immediate and effective availability and processing».
    
2. Article 43.4) of Royal Decree 1434/2001, of December 27, which regulates the activities of transport, distribution, marketing, supply, and authorization procedures for natural gas installations, establishes that: «distribution companies must send to the Supplier Switching Office [currently CNMC], the data related to each and every supply point connected to their networks and to the transport networks in their area through a physical computer medium that allows its immediate and effective availability and processing».
    

On September 18, 2014, the Director of Energy of the CNMC requested distributors  to submit monthly information on the Supply Points Information System connected to their distribution networks, updated, according to the procedure and format described on the CNMC website.

At this point, it is worth remembering that, Law 24/2013, of December 26, on the Electricity Sector, established in its article 40.2.m) that distributors, as managers of the distribution network in which they operate, will have, among others, the function within the scope of the networks they manage, to: «Keep their database of supply points updated, and provide information in accordance with what is determined by regulation» and that in its article 65.21 it established as a serious infringement: «The failure, by distributors or marketers, to comply with the obligations to maintain a database of all supply points connected to their networks and to the transport networks in their area, to allow access to it, as well as to equip themselves with the necessary computer systems that allow the consultation of the data of the supply points registry and the reception and computer validation of requests and communications with energy consumers and marketers».

Likewise, in the field of natural gas, article 110.ad) of Law 34/1998, of October 7, on the Hydrocarbons Sector, establishes as a serious infringement «The failure, by distributors or marketers, to comply with the obligations to maintain a database of all supply points connected to their networks and to the transport networks in their area, to allow access to it, as well as to equip themselves with the necessary computer systems that allow the consultation of the data of the supply points registry and the reception and computer validation of requests and communications with energy consumers and marketers».

From the CNMC and in compliance with its supervisory role, a monitoring of downloads and the use of SIPS information in any area is carried out. In case of detecting indications of fraudulent use, the CNMC will take the measures it deems appropriate to correct these situations, without prejudice to the fact that these may also be referred to the AEPD when appropriate.

The delivery of the CNMC's SIPS databases is carried out through an application programming interface (API). For its implementation, a mechanism has been established that allows authorized marketers to download complete and updated information on all supply points included within the marketer's geographical area of operation.

It is also possible, through the API, to make individual queries of a CUPS included in the marketer's geographical area, provided it is available in the SIPS databases.

In any case, the SIPS databases do not include the data of those whose information is referred to, if they have prohibited in writing to the distributors the dissemination of this information and access by marketers other than the one with whom the supply is contracted. When this occurs, the consumer's written statement must be expressly recorded in the distributor's database, with the distributor being responsible for keeping a copy of said request.

Consumers, holders of a supply point to whom the information contained in the distributor's SIPS refers, may oppose the transfer of their data to third parties by submitting an opposition request to the distributor responsible for the energy supply of the consumption point under their ownership. In this case, the consumer's written statement must be expressly recorded in the distributor's database.

On the other hand, holders of a consumption point may also oppose the transfer of their data contained in the CNMC's SIPS to marketers by submitting a signed opposition request to the transfer of their data through the CNMC Electronic Headquarters. 

However, it should be clarified that the CNMC's electrical SIPS does not contain information that identifies the holder of a supply point. This information was removed by Royal Decree 1074/2015, of November 27, which amended various provisions in the electricity sector. In the second article of the aforementioned Royal Decree, a modification of article 7.2 of Royal Decree 1435/2002 was approved, including that: «In any case, neither the marketing companies nor the National Commission of Markets and Competition may access any information that directly identifies the holder of the supply point […]».

Notwithstanding the above, in the event that the client is in a situation of non-payment, they will not be able to prohibit the dissemination of their CUPS and the non-payment situation.

When satisfaction has not been obtained in the exercise of their rights, a complaint can be filed with the Spanish Data Protection Agency. It is recommended that, beforehand, the case be brought to the attention of the CNMC Data Protection Officer (dpd@cnmc.es).

1- Can I gain access to the CNMC's SIPS if I am not a marketer?

No, the CNMC is obligated to provide this database to marketers, in the exercise of the competencies attributed to it under Law 24/2013, of December 26, on the Electricity Sector, and Article 3.s) of Royal Decree 1011/2009, of June 19, which regulates the Supplier Switching Office. Based on what is stated in the aforementioned article, the CNMC does not have the capacity to provide SIPS information outside of this scenario.

2- Can I use the SIPS information for purposes other than those defined in regulation?

No. The preamble of Royal Decree 1454/2005 clearly states that the SIPS is established to «standardize contracting conditions in the free and regulated market in the following specific aspects to thus avoid obstacles to the transition of customers from the regulated market to the free market», so other uses are not contemplated. Furthermore, in the case of individuals, as these are personal data collected for a specific purpose, they cannot be subsequently processed in a manner incompatible with those purposes.

3- Does access to the SIPS database information have any cost?

No, access to the CNMC's SIPS databases is free of charge.

4- Can a third party offer me the CNMC's SIPS data?

No, the CNMC's SIPS is a database owned by the CNMC, and only this organization can provide access to the information it contains.

5- A change has occurred in the marketer affecting the person responsible for downloading the CNMC's SIPS. Should I inform the CNMC?

Yes, since the authorization for access to the SIPS is nominative and granted to an applicant with authority acting on behalf and representation of the requesting marketer, assuming responsibility for the use of the downloaded data. Therefore, the CNMC must always be informed of changes related to the person responsible for access to the SIPS and their relationship with the requesting marketer.

If you have any questions regarding the CNMC's SIPS, you can contact us through the following email address: cambiodecomercializador@cnmc.es

At the following link, you will find the tab with additional information about the procedure for requesting access to the consumer and supply point databases (SIPS) for gas and electricity, for marketers: 

Request access to consumer and supply point databases (SIPS)