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  <div>BBA will collect and use information provided to create and maintain your subscription to the Geothermal Transparency Guide Community. We will provide you with regulatory updates and updates in relation to changes made to our database. </div>
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GEOTHERMAL TRANSPARENCY GUIDE

An overview of regulatory frameworks for geothermal exploration and exploitation

Get started
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 * Canada
 * Chile
 * Ethiopia
 * France
 * Germany
 * Iceland
 * Indonesia
 * Italy
 * Japan
 * Kenya
 * Mexico
 * New Zealand
 * Philippines
 * Turkey
 * USA
 * Vietnam


INTRODUCTION

The Geothermal Transparency Guide is an online database, initiated and overseen
by BBA law firm, which is intended to provide an insight into the legal
frameworks governing exploration, exploitation and production of electricity
from geothermal resources, in countries where geothermal capacity is being
harnessed or is available for harnessing. The regulatory framework in respect of
the exploration and development of geothermal energy is in many countries either
not existing or fragmented with provisions located in the various sectors of
legislation. Many countries rely on laws relating to other energy sources, such
as mining. Furthermore, in certain cases no particular administrational
authority is entrusted with geothermal matters.

This has in some instances resulted in substantial complications for developers
when dealing with public authorities and municipalities, in the attempt to
secure exploration licenses and exploit the reservoir. A lack of clarity in
respect of the legal framework governing licenses can also be detrimental to
public authorities, municipalities and other owners of land containing
geothermal resources, as it is critical for such parties to maintain adequate
control over the utilization of the reservoirs and make sure that environmental
and administrational requirements are being met.

When the terms of a prospective license are not transparent and clear, the risks
for financing parties and investors is also increased, therefore making the
financing of geothermal activities more time consuming and expensive than
necessary.

It is therefore of great importance to explore the possibility of creating
certain industry standards for licenses and agreements in the field of
geothermal exploration, utilisation and the production of electricity from
geothermal resources. If such industry standards are successfully created on an
international platform, they could facilitate and increase the development of
geothermal energy in the world, which is of the utmost importance, from both an
economical and environmental point of view.

We hope that this overview of geothermal regulatory frameworks in the countries
included in this database provides a useful insight into certain aspects of the
applicable rules in these countries. Such insight can be of importance for the
purposes of increasing transparency and awareness of some of the rights and
obligations governing applications for licenses to explore, exploit and produce
geothermal energy. We also hope that this database can serve as a first step in
an eventual international cooperation for the purposes of creating industry
standards in this field.

In order to provide an overview of the rules and regulations governing
geothermal development, we opted to set forth a list of questions to the most
prominent law firms in the field of energy in the countries involved. We
acknowledge and stress that neither is this an exhaustive exercise nor does this
database provide solutions for public or private parties involved in geothermal
energy activities. It can however be useful in gaining a better understanding of
the rules applying to such activities. We hope that the information contained
herein will be a small contributor in driving us towards a sustainable future.

We emphasize the fact that all contributing law firms have provided their
contributions free of charge and for this, we are deeply thankful.

It is finally of vital importance to underline that no information contained
herein is supposed to form any legal opinion or statement of facts or
circumstances on behalf of the contributing law firms, but merely an overview of
the various rules applicable in each country. In this respect, we refer to the
Disclaimer, to be found in the database.

Participants


JOIN THE GEOTHERMAL TRANSPARENCY GUIDE COMMUNITY

Sign up here to receive regular notifications on updates and regulatory
framework changes, as our online database continues to expand.

Email *
Country *
Name *
Company
* are required fields.
 
 
BBA will collect and use information provided to create and maintain your
subscription to the Geothermal Transparency Guide Community. We will provide you
with regulatory updates and updates in relation to changes made to our database.
Personal information will be processed and secured in accordance with GDPR
(General Data Protection Regulation) and our Privacy Policy. Please refer to our
Privacy Policy for further information on your rights as a data subject.
I confirm that I wish to receive updates on amendments and alterations of the
legislation of the participating countries and updates of the BBA Geothermal
transparency guide database.
 
 

 

 


DISCLAIMER

The Geothermal Transparency Guide is intended as a practical guide to the
general principles and features of the basic legislation and procedures in
countries included in this database and is for general purposes only. The
information contained herein does not purport to provide comprehensive full
legal or other advice and is not expected to form basis of any advice provided
to any parties whatsoever. BBA and the contributors accept no responsibility for
losses that may arise from reliance upon information contained in this database.
This database and the information provided therein is intended to give an
indication of legal issues upon which you may need further advice.


PRIVACY POLICY

B B A

v. 1.0., 13 July 2018

 

This Privacy Policy is based on the current Icelandic Privacy Act no. 90/2018,
as well as on the General Data Protection Regulation no. 2016/679 from 27 April
2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data, also known as ,,GDPR’’.

 

 1. INFORMATION ABOUT US

BBA Legal ehf., Katrínartúni 2, 105 Reykjavík, reg. no. 661098-2959 (also
referred to as ‘’BBA’’ and ‘’we’’’) is the controller of any personal
information that we process in connection to the legal services we provided to
our clients.

The aim of this Privacy Policy is to provide our clients with information about
the purpose and legal basis for the processing of personal data and inform
clients about their rights in relation to such processing. If you have any
further questions or observations to this Privacy Policy please refer to the
Supervisor of this Privacy Policy by mail or email. The Supervisor will respond
to your inquiry as soon as possible in writing.

BBA Legal ehf.  
Katrínartún 2     
105 Reykjavík    
c/o Sara Rut Sigurjónsdóttir        
email: sara@bba.is

 

 1. TYPES OF PERSONAL INFORMATION WE COLLECT

Personal information means any information that can be used to directly or
indirectly to identify a specific individual.

BBA collects and processes certain personal information for the purposes of
providing legal services to clients.  Depending on whether you are a client of
BBA or whether you are representing a legal person that is a client of BBA.

The following are examples of personal data that BBA processes of individuals
that are clients of BBA:

 * identification information of the individual that is a client, such as
   name/that is, identification number and domicile;
 * communication information, such as a telephone number, email and
   communication with a client;
 * financial information;
 * personal identification, such as a copy of a passport or drivers licence; and
 * other personal information that an individual provides us with in connection
   to legal services.

The following are examples of information about individuals that represent a
client who is a legal person or an individual that is in another way a contact
for a client:

 * contact information, such as the name of the employee, the name of the legal
   person that the employee works for and title; and
 * communication information, such as telephone number, email and communication
   with an employee.

It shall be noted that providing personal data is always optional for a client.
If certain information is not provided it may affect BBA’s ability to provide
legal advice.

In general BBA collects personal information directly from a client or a
representative of a client. In some instances, the information may be provided
by third parties, such as the National Register of Iceland, Property Register of
Iceland, CreditInfo, Keldan, the Directorate of Internal Revenue, banks or other
financial companies, District Courts, District Commissioner and public
authorities.

BBA may in some cases collect data through website visits to the Company’s
website, www.bba.is, including information regarding the location of the
individual that opens the website, the type of browser that is used and general
information regarding traffic on the website.

 

 1. LEGAL BASIS FOR COLLECTION

The processing of personal data that BBA holds depends on the purpose of the
collection of personal data. For example, BBA processes personal data of a
client to:

 * fulfil our contractual obligations of providing legal services;
 * ensure the interests of our client or other obligations in connection to the
   legal services we provide;
 * fulfil legal obligations;
 * safeguard the legitimate interests of BBA, particularly in relation to asset
   and security management and marketing, such as debt collection, managing the
   clients, marketing etc.

If a client has provided its consent to BBA for the processing of personal data
for a specific purpose then consent is the legal basis for processing. The
client can withdraw its consent at any time when the processing of personal
information is based on consent. Further, it shall be noted that the withdrawal
of consent does not affect the legality of the processing before the withdrawal
of consent.

 

 1. DISCLOSURE OF PERSONAL DATA

The employees of BBA have access to personal data to the extent necessary to
fulfil our contractual obligations towards our clients. Personal data may be
delivered to third parties that process data on behalf of BBA or provide
services to us. Those parties are for example IT system and software providers,
banking and financial service providers as well as debt collectors.

In some instances, BBA has a legal obligation to disclose a client’s personal
information to regulatory authorities, law enforcement agencies, district courts
and other governmental bodies.

It shall be noted that the attorneys employed at BBA are bound by a legal duty
of confidence regarding all information they receive according to Article 22 of
Act no. 11/1998, except if they have a legal obligation to disclose information
or the client has provided consent for such disclosure. Other employees are also
bound by a similar confidentiality requirement. 

 

 1. DATA TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA

GDPR is applicable in all countries within the European Economic Area (,,EEA
area’’) and data transfers within the EEA area are unlimited if based on an
appropriate legal basis. GDPR restricts data transfers to countries outside the
EEA area, including the United Stated. BBA uses the services of providers in the
United States and transfers data to the United States for example, in relation
to the monitoring of our website. As a data controller BBA is responsible for
ensuring that our clients personal data is only transferred to parties that
provide adequate protection to clients’ personal data. Therefore, BBA only
transfers personal data to parties certified as Privacy Shield members or
parties who have provided appropriate safeguards such as standard contractual
clauses.

 

 1. DATA RETENTION

Personal information is generally processed and retained as long as necessary to
fulfil contractual obligations to clients, legal obligation and legitimate
interests of BBA. When data is no longer necessary to fulfil contractual
obligations or legal obligation they are deleted. However, BBA may retain
personal information relating to legal services for a longer period when obliged
by legal and/or regulatory requirements, such as limitation periods for taking
legal action and accounting requirements.

 

 1. DATA SUBJECT RIGHTS

Individuals enjoy certain rights in relation to the processing of BBA on
personal data. They include the right to:

 * request information about how BBA processes personal data and receive a copy
   of the information;
 * request erasure of personal data, rectification of inaccurate personal data
   or request that BBA complete incomplete personal data;
 * request to receive personal data in a structured, commonly used, and
   machine-readable format and to have them transferred to another party.

It shall be noted that BBA is permitted in limited circumstances to deny that
personal data is erased, transferred or that access to data is provided. BBA
will ensure that the personal data of each client is updated and reliable.

A client also has the right to lodge a complaint with a supervisory authority if
he considers that the processing of BBA infringes or is not in compliance with
the applicable legislation. Further information on the rights of data subjects
are provided by the representative of the BBA Privacy Policy (please refer to
our contact information in section 1).

 

 1. PROTECTION OF INFORMATION

BBA has taken appropriate and reasonable steps to ensure that all personal data
is protected from misuse, interference and loss, as well as unauthorised access,
modification or disclosure. The measures taken to protect personal data include:

 * implementation of technical and organisational measures designated to ensure
   continued confidentiality, continuity, availability and load resistance of
   processing systems and services;
 * managing the access of individuals to our premises;
 * managing the access of employees and others to systems that contain personal
   information;
 * ensuring that third parties who have access to the personal data of clients
   have made appropriate security safeguards to protect personal information;
   and
 * limiting the retention period of the personal data of clients.

 

 1. PRIVACY POLICY AMENDMENTS

This Policy will be updated regularly in accordance to the changes made by BBA
in relation to the processing of personal data. We encourage you to review this
policy on a regular basis to be informed about how we use and protect your
personal data. 


Disclaimer Privacy Policy