Proposal for a Digital Networks Act

On 21 January 2026, the proposal for a Digital Networks Act (DNA), COM(2026) 16 final, was published. The DNA further harmonizes the legal framework for European telecommunications law. It will amend the Net Neutrality Regulation (Regulation (EU) 2015/2120), the ePrivacy Directive (Directive 2002/58/EC) and the Radio Spectrum Decision (Decision No 676/2002/EC). It will also repeal the BEREC Regulation (Regulation (EU) 2018/1971), the European Electronic Communications Code (EECC, Directive (EU) 2018/1972) and the Radio Spectrum Policy Programme (RSPP, Decision No 243/2012/EU).

The EECC has already consolidated several EU legal acts in the field of telecommunications law, and the DNA continues on this path. Notably, the DNA will be adopted as a Regulation and will therefore be directly applicable in the Member States. The Commission proposal comprises 416 recitals and 210 articles. The period provided for the application of the DNA after its entry into force is only six months.

The Commission presents the DNA in its Q&A as a new legal framework aimed at boosting innovation and investment in resilient and advanced fibre, 5G and 6G networks. Its stated goal is to improve the competitiveness of the connectivity sector and to support the development of AI, quantum computing and digital services through the transition from copper to fibre cable networks, the expansion of 5G and the rollout of 6G radio spectrum networks. The DNA will also be embedded in the EU’s cybersecurity framework and will contain a link to the Cybersecurity Act (Regulation (EU) 2019/881), which is to be replaced by the second Cybersecurity Act (CSA2; COM(2026) 11 final). The CSA2 Proposal was published one day before the DNA proposal.

The main actors under the DNA will be the Commission, the Body of European Regulators for Electronic Communications (BEREC), the Radio Spectrum Policy Body (RSPB), the Office for Digital Networks (ODN) and the national regulatory authorities. The EU authorities will enable and use the European Business Wallets.

Once established under the DNA, BEREC will retain its current name but will constitute a new entity, replacing the existing BEREC established under the BEREC Regulation. The ODN will replace the current Agency for Support for BEREC (“BEREC Office”) and, like its predecessor, will be a body of the Union with legal personality. The RSPB will replace the Radio Spectrum Policy Group and will be established without legal personality.

The 210 articles of the DNA are divided into eight Parts, further subdivided into Titles, Chapters and Sections:

• Part I: Scope, objectives and definitions (Art 1 to 3 DNA). This Part sets out the scope of application, legal definitions and general objectives. The definitions are largely based on those in the EECC; however, new definitions have been introduced, e.g. regarding satellite communications services.
• Part II: Resilience (Art 4 to 8 DNA). This Part links the DNA to the EU’s cybersecurity legislation. BEREC will be tasked with adopting a “Union Preparedness Plan for Digital Infrastructures“.
• Part III: Single market authorization and passporting (Art 9 to Art 12 DNA). This Part establishes a single passport procedure, requiring telecom providers to notify the competent authority in only one Member State of their intention to provide networks or services. The competent authorities of other affected Member States will be informed via the ODN, which will also maintain a publicly available Union database.
• Part IV: Resources (radio spectrum and numbering; Art 13 to Art 52 DNA). This Part regulates the authorization and allocation of radio spectrum usage (Title I), the Union-level authorization of radio spectrum usage by satellite (Title II) and the EU-wide management of numbering resources (Title III). Currently, radio spectrum and numbering resources are allocated by the competent national authorities.
• Part V: Transition to fibre, markets functioning and competition (Art 53 to Art 86 DNA). Title I of this Part addresses the transition to fibre networks and the switching off of copper Titles II and III grant telecom providers the right to install facilities on public and private property for the provision of electronic communications networks or services and regulate the shared usage of physical resources. Title IV sets out competition rules. The right to install facilities, shared usage and competition are currently governed by the EECC, leaving room for variations in transposing national laws.
• Part VI: Services (Art 87 to Art 114 DNA). This Part addresses universal service obligations (Title I), safeguards open internet access (Title II) and protects end-user rights (Title III). The Net Neutrality Regulation will be renamed, as its provisions on open internet – another term for net neutrality – will be transferred into Part VI, Title II of the DNA. The universal service obligations and end-user rights rules are currently governed by the EECC and the ePrivacy Directive and require transposition into national law.
• Part VII: Governance (Art 115 to Art 180 DNA). This Part allocates competencies to national regulatory authorities (Title I), regulates the tasks and organization of BEREC (Title II), establishes the RSPB, governs its cooperation with BEREC (Titles III and IV) and establishes the ODN (Title V).
• Part VIII: General and final provisions (Art 181 to Art 210 DNA). This Part establishes mechanisms for the provision of information, surveys and consultations (Title I), rules on harmonization and standardization (Title II) and out-of-court dispute resolution (Title III). It also addresses cooperation within the telecom sector (Title IV), compliance with the exercise of rights of use for radio spectrum, numbering resources and facilities installation, a right of appeal against decisions by competent authorities (Title V) and the final provisions, including entry into force and application (Title VI).

The DNA will consolidate several legal acts applicable to telecom providers. Nevertheless, the ePrivacy Directive and the Net Neutrality Regulation (under a new name) will remain partially in force, unless repealed by other legal acts such as the Digital Omnibus package (find more on the Digital Omnibus here). Moreover, the Roaming Regulation (Regulation (EU) 2022/612) and the Gigabit Infrastructure Act (GIA; Regulation (EU) 2024/1309) will not be affected (find more on the GIA here). Accordingly, EU-level telecom law remains to some extent fragmented.

Following developments in Digitalisation Law at both the EU and Member State levels is an increasing challenge. To assist you in navigating this landscape, we have created the Digital Law Monitor. In this newsletter we track, amongst other things, developments regarding the DNA at EU level and in local laws across the CEE jurisdictions. To receive the Digital Law Monitor, you can subscribe to Schönherr’s Legal Insights or to the Schönherr Digitalrechtsmonitor.