On 22 January 2026, the European Commission published the proposal for a Digital Networks Act (DNA). The DNA is designed to modernise, simplify and harmonise the EU telecoms rules to incentivise investment and provide access to fast, secure and resilient digital infrastructure across the EU. This is critical at a time when the digital connectivity landscape is increasingly dynamic driven by virtualization and AI with ever increasing demand for fast, reliable, and secure connectivity to support the EU’s digital goals and a truly connected, prosperous society.
The DNA will significantly reform the existing EU telecoms regulatory framework impacting telecoms, infrastructure (mobile, fibre and cloud-based), digital technology and satellite companies and the wider ecosystem. The key proposals include:
- Replacement of the European Electronic Communications Code (EECC) – The EECC will be replaced in its entirety with the aim to increase harmonization of the telecoms rules across the EU, simplify the underlying obligations and reduce the regulatory compliance burden. Fundamentally, the DNA is a Regulation ensuring direct applicability across all EU Member States without national transposition, eliminating the fragmentation that has characterised the implementation of the EECC (Directive) across 27 national markets.
- Single Passport Authorisation – Introduces a new streamlined notification procedure to allow for the provision of networks and services across the EU with a single notification in one Member State. The scope of the regime will be unchanged and number-independent interpersonal communication services (e.g., OTT communication applications) will remain outside the scope of the general authorization regime. BEREC will establish a harmonised template for notifications and Member States are prohibited from imposing additional or separate notification requirements. However, the authorisation conditions will now also include compliance with cybersecurity rules. Despite the increased harmonisation, regulated public electronic communication network and service providers will still need to comply with individual Member State requirements and national enforcement.
- EU Satellite Authorisation – The introduction of a single EU authorisation for satellite services to allow for increased scale especially with the growth of direct-to-device satellite services. The regime will be informed by a new European Table of Allocation of Satellite Frequencies to be adopted by the Commission.
- Spectrum harmonisation – Measures to facilitate use of spectrum and investment including granting of licences of unlimited duration (subject to regular reviews), promotion of spectrum sharing and “use it or share it” provisions.
- Transition to fibre and copper switch off – Mandating copper switch off by 31 December 2035 with earlier transition to fibre in copper switch off (CSO) areas which meet the relevant sustainability criteria which includes 95% fibre coverage in terms of homes passed.
- Governance and creation of Office for Digital Networks – The governance framework will change with the establishment of a new Office for Digital Networks (ODN) in Riga, Latvia. The ODN will support and assist BEREC (the Body of European Regulators for Electronic Communication Services) and it will also assist the new Radio Spectrum Policy Board (RSPB) which will replace and take over the tasks of the Radio Spectrum Policy Group (with a remit for spectrum matters).
- Security and Resilience – In order to ensure resilience of communication networks and digital infrastructure, the new Office for Digital Networks will be charged with preparing an EU Preparedness Plan for Digital Infrastructures. There is also an increased focus on cybersecurity and ICT supply chain risks with new general authorisation obligation and the DNA will complement other EU cybersecurity rules including NIS2 and the Cybersecurity Act.
- Numbering and measures to combat fraudulent activity – Establishing a pan-European numbering plan and recognizing increasing fraudulent activity across voice and messaging services. There are proposals to enable increased harmonization of measures and review existing efforts to combat fraud, such as CLI spoofing, phishing, smishing and vishing and there is scope for the Commission to adopt further measures.
- Consumer protection – The current range of measures remain largely unchanged (e.g., contractual information, transparency, contract duration, bundled offers, switching number porting, child helplines). However, some measures may apply more widely to providers of interpersonal communication services (e.g. distribution of public interest information).
- Ex ante regime and wholesale access regulation – The Significant Market Power ex ante regime will remain in place to address market failure and allow for wholesale access regulation where necessary (including price controls, access to passive networks, fair and reasonable terms and conditions). Similarly, the current regime governing wholesale-only undertakings if relevant conditions are met and the possibility to impose non-discrimination and fair and reasonable pricing will remain but the provisions around functional and voluntary separation will change with an evolved commitments procedure.
- Net Neutrality – The DNA will include the practically unchanged EU’s net neutrality framework including a lack of changes proposed to the current zero-rating rules. For providers of internet access services, the DNA introduces mandatory biennial reporting regarding the safeguarding of net neutrality, replacing the existing on-request mechanism.
- Digital Ecosystem Co-operation and voluntary conciliation procedure– A proposal for BEREC to publish guidance to promote effective cooperation among providers of electronic communications networks and undertakings active in closely related sectors (such as content application and cloud providers) together with the introduction of a voluntary conciliation procedure.
- Information gathering – Potential for increased harmonization of information gathering powers and requirements including the ability of the Commission to adopt an implementing act to harmonise methodologies for collection of information as well as for BEREC and RSPB guidance and templates.
- Delegated Acts and Guidance – Across the DNA there is an unprecedented amount of about 40 proposed further implementation measures as well as guidance documents and further BEREC, RSPB and ODN reports.
The DNA proposal now begins it legislative journey through the European Parliament and Council for approval. The Council of Ministers and the European Parliament will be preparing their positions as input for the trilogue negotiations with the European Commission. Many amendments can be expected along the journey. Some parts may not make it to the finish line.
We will continue to digest the DNA and provide further insights in due course and monitor developments.
For further information, please contact:
Anthony Rosen, Bird & Bird
anthony.rosen@twobirds.com
