Joint Statement on the Open Internet and IP Interconnection in the Digital Networks Act
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Brussels, 9 June 2026. Following the publication of the European Commission’s proposal for a Digital Networks Act (DNA), the under-signed organizations and civil society groups would like to express their concerns regarding the effects of this proposal on net neutrality. We regret that the concerns raised by a broad coalition of stakeholders during the preparatory phase of this initiative now seem to have materialized in the legislative proposal, as the DNA seeks to review the Open Internet Regulation, incompletely integrating EU net neutrality rules into the DNA, whilst introducing new, sweeping changes adversely affecting the IP interconnection ecosystem.
Given their substantial impact on the European digital ecosystem, we consider that these proposals raise serious questions regarding their proportionality and necessity. These proposals risk weakening key safeguards that pro-tect European consumers and businesses, including SMEs and startups that rely on open and predictable internet conditions to compete and scale across the EU, whilst undermining the digital single market as a whole.
The proposals for incorporation of the Open Internet Regulation (OIR) into the DNA risk undermining the princi-ple of net neutrality by weakening an established and well-functioning framework, undermining the legal cer-tainty that has ensured its enforcement across the EU. The DNA proposal removes 18 out of 19 recitals of the OIR, eliminating key interpretative elements that have provided essential clarifications on the scope and appli-cation of net neutrality rules in the EU and have been central to the development of CJEU case3 law and BE-REC guidelines.
At the same time, integrating the OIR provisions into the broader DNA framework dilutes its legal and policy principles, as net neutrality would no longer stand as a standalone regulatory principle designed to protect con-sumers. Placed alongside objectives such as “network performance,” “resilience,” and “ecosystem cooperation,” the principle of net neutrality risks being conditioned by competing – if not diametrically opposed – regulatory principles, thus weakening its function in practice and opening the door to potential reinterpretations.
In addition, any regulatory intervention in the European IP interconnection market would carry significant nega-tive consequences, including affecting the deployment of critical infrastructure such as content delivery net-works (CDNs), the sustainability of the EU creative and cultural sectors, and consumer choice – while risking frag-mentation of the Internet and the Single Market. We note that there continues to be no evidence of a market failure. BEREC’s studies of the European IP interconnection market have consistently demonstrated that the mar-ket is functioning competitively and efficiently, with no indication of market failure or systematic abuse of market power.
Despite the lack of disputes, articles 191 and 192 of the DNA introduce a “ecosystem cooperation” and “Volun-tary Conciliation” mechanism, in an IP interconnection market which already uses voluntary cooperation as a basis for deciding when and how networks will interconnect. These articles are unnecessary and detrimental, as they risk institutionalising private commercial negotiations as a formal arbitration process, certified by public entities (national regulatory authorities), under a formalised EU legal framework, with the risk of them becoming mandatory either in practice or because of political pressure. The risks of an introduction of “network fees” by the back door have been consistently highlighted by stakeholders across the digital ecosystem, which would also clash with the economic freedoms enshrined in the Charter of Fundamental Rights of the European Union (articles 16 and 52).
This risk of regulatory escalation is further compounded by Article 193 of the DNA, which provides for a Com-mission review based on the outcomes of this framework. By relying on the documentation generated through these processes, it creates a pathway for voluntary interactions to be reinterpreted as insufficient cooperation, enabling more prescriptive measures, including mandatory mechanisms, even where market functions effec-tively through voluntary arrangements.
We regret that the aims of the DNA proposal for “simplification” seem to have delivered instead “complexifica-tion,” introducing new measures and regulatory mechanisms without sufficient justification and evidence, whilst weakening the already existing safeguards that have proven effective since the adoption of the EECC.
Our organisations therefore recommend EU co-legislators to amend this proposal to ensure that the DNA delivers a clear and evidence-based telecoms framework that upholds and protects net neutrality.
In particular, we recommend that Articles 191-193 of the DNA proposal are removed entirely, while the OIR must remain a separate legal instrument, preserving its clarity and interpretative autonomy.
We call on EU co-legislators to ensure that the final Digital Networks Act delivers an EU telecoms framework that promotes innovation, fair competition, and consumer protection, whilst preserving the open Internet.
Full List of Signatories
Organisations:
- ACT – Association of Commercial Television in Europe
- ACT – Association for Competitive Technology
- AIIP – Associazione Italiana Internet Providers
- Article 19
- BDZV – Bundesverband Digitalpublisher und Zeitungsverleger
- BEUC – The European Consumer Organisation
- Blacknight
- BREKO – German Broadband Association
- C4C – Coalition for Creativity
- DINL – Stichting Digitale Infrastructuur Nederland
- EBLIDA – European Bureau of Library, Information and Documentation Associations
- EDRi – European Digital Rights
- EGDF – European Games Developers Federation
- EMMA – European Magazine Media Association
- ENPA – European Newspaper Publishers Association
- epicenter.works
- euroconsumers
- Finnish Internet Association
- I2C – Internet Infrastructure Coalition
- InnovUp
- ISOC – Internet Society
- ISOC Norge
- Lodz Cyber Hub
- Motion Pictures Association – MPA
- MVFP – Medienverband der freien Presse e.V.
- Netnod
- SEK – Svet za elektronske komunikacije Republike Slovenije
- Seznam
- VAUNET – Verband Privater Medien
- Videogames Europe
- VOD – European Video-on-Demand Coalition
- Xnet – Institute for Democratic Digitalisation
- ZPS – Zveza potrošnikov Slovenije
Signatories in their individual capacity:
- Julf Helsingius – Chairman of the Board of BaseN
- Dr. Konstantinos Komaitis – Resident Senior Fellow, Democracy and Tech Initiative, Atlantic Council
- François Lemaigre – Telecommunications Consultant
- Desiree Miloshevic – RIPE Cooperation Working Group Co-chair