Coalition warns EU Digital Networks Act could weaken net neutrality protections
More than 30 civil society, consumer, internet infrastructure, media, and technology organisations have urged EU lawmakers to amend the proposed Digital Networks Act, arguing that parts of the legislation could undermine net neutrality and disrupt the internet interconnection ecosystem.
A broad coalition of organisations has published a joint statement expressing concerns about the European Commission’s proposed Digital Networks Act (DNA), arguing that several provisions could weaken existing net neutrality protections and alter the functioning of internet interconnection markets in Europe.
The statement was signed by more than 30 organisations, including European Digital Rights, Article 19, BEUC, Internet Society, and several internet infrastructure, consumer, media, and technology associations.
According to the signatories, the proposal would incorporate the Open Internet Regulation into the broader Digital Networks Act framework while removing most of the recitals that have historically provided guidance on the interpretation and application of EU net neutrality rules. The organisations argue that these recitals have played an important role in shaping court decisions and regulatory guidance over the past decade.
The coalition also raises concerns about provisions dealing with IP interconnection, the arrangements through which internet networks exchange traffic. In particular, it criticises proposed ‘ecosystem cooperation’ and ‘voluntary conciliation’ mechanisms, arguing that the current interconnection market already operates through voluntary commercial agreements and that additional regulatory structures have not been justified by evidence of market failure.
The statement cites previous studies by the Body of European Regulators for Electronic Communications, which the signatories say found the European IP interconnection market to be competitive and functioning effectively.
The organisations further warn that Articles 191 to 193 of the proposed legislation could create a pathway for future regulatory intervention in commercial interconnection arrangements, potentially affecting content delivery networks, digital services, and cross-border internet connectivity.
In their recommendations, the signatories call on EU co-legislators to remove Articles 191 to 193 from the proposal and to preserve the Open Internet Regulation as a standalone legal instrument rather than incorporating it into the Digital Networks Act. They argue that this would help maintain legal certainty and preserve existing net neutrality protections across the European Union.
