On 21 January 2026, the European Commission published a Proposal for a Regulation for the Digital Networks Act (“DNA“), which will replace the Electronic Communications Code.
What is the purpose of the Digital Networks Act?
The DNA is aimed at modernising, simplifying and harmonising the EU telecoms rules, with a view to incentivising investment and providing access to fast, secure and resilient digital infrastructure across the EU (previously discussed here).
The proposal is a significant piece of legislation that will underpin greater adoption of AI, cloud, space and other innovative technologies, and accelerate Europe’s digital transformation for the benefit of its citizens. The DNA is also needed because the current rules on connectivity networks must be updated to enable operators to invest in rolling out advanced fibre and mobile networks.
It is proposed that the DNA will replace the EU Electronic Communications Code (“EECC”) adopted in 2018, which is currently the primary law regulating telecommunications companies within the EU. Unlike the EECC (which was a Directive), the DNA will be directly applicable, meaning it does not require individual Member State transposing legislation. This will result in a more harmonised framework for telecoms regulation, significantly reforming the existing EU telecoms regulatory framework and impacting telecoms, infrastructure, digital technology and satellite companies, together with the wider telecoms ecosystem. It also seeks to harmonise telecoms rules across the EU, simplifying the underlying obligations and reducing the overall regulatory compliance burden on market players. Importantly, the DNA’s scope remains tied to providers of electronic communications networks and services as currently defined, and most of the DNA’s definitions are carried over from the EECC, with the Code’s directive form becoming a directly applicable Regulation. A number of targeted additions and scope clarifications have, however, been introduced, including new definitions for satellite communications services and an expansion of the networks captured by the regime.
The DNA will also merge together the Body of European Regulators for Electronic Communications (“BEREC”) Regulation, the Radio Spectrum Policy Programme, parts of the Open Internet Regulation, as well as certain aspects of Directive 2002/58/EC (ePrivacy Directive), creating more simplified and harmonised EU rules in this space.
At a glance: the Digital Networks Act
| What it is | A proposed regulation by the European Commission for the Digital Networks Act (“DNA”) aimed at modernising, simplifying and harmonising the European Union (“EU”) telecoms rules, with a view to incentivising investment and providing access to fast, secure and resilient digital infrastructure across the EU |
| The legal instrument | Proposal for a Regulation of the European Parliament and of the Council; reference COM(2026) 16 final |
| Common name | “Digital Networks Act” |
| Who it targets | Electronic communications and telecommunications providers, digital infrastructure operators, and digital technology and satellite companies operating within the EU |
| Proposal publication date | 21 January 2026 |
| Current stage | The DNA will be presented to the European Parliament and Council for approval. In Ireland, the Department of Culture, Communication and Sport (the “Department”) held a consultation period inviting submissions on any aspect of the DNA. The consultation period closed on 14 August 2026, and the Department is now reviewing the submissions received. |
| Key institutional lead | Executive Vice President Henna Virkkunen (EPP/Finland) |
| Key Matheson Contacts | Marie McGinley, Sarah Jayne Hanna, Kate McKenna |
Frequently Asked Questions
The DNA primarily applies to telecoms, infrastructure (mobile, fibre and cloud-based), digital technology and satellite companies It will have a significant reach, affecting a large number of EU citizens and electronic communications services and networks.
The DNA represents a significant shift in how the EU seeks to regulate digital infrastructure.
The main objectives of the DNA are:
- to increase Europe’s competitiveness by developing advanced and accessible connectivity to allow greater adoption of AI and other innovative technologies;
- to consolidate the single market for electronic communications, facilitating the cross-border provision of networks and services; and
- to enhance network security and resilience by limiting dependencies and promoting EU-level cooperation.
1) Single market authorisation and passporting
The DNA will establish a “Single Passport” authorisation for electronic communications networks and services, enabling providers to operate across the EU on the basis of a single notification made in one Member State. BEREC is expected to establish a harmonised notification template, and Member States will be prohibited from imposing additional or separate notification requirements on service providers. The authorisation conditions will also require compliance with cybersecurity rules.
2) Spectrum reform
The proposal seeks to introduce a number of changes to spectrum management and satellite authorisation, including:
- establishing EU-level satellite spectrum authorisations to facilitate pan-European operations and services, allowing for the increased scale required given the growing popularity of direct-to-device satellite services;
- introducing more consistent, investment-friendly conditions for spectrum assignment by extending the duration of spectrum licences, introducing licences of unlimited duration, and making licences renewable by default, with a view to incentivising long-term spectrum investment; and
- the proposal also seeks to facilitate investment in spectrum by promoting, and mainstreaming among operators, spectrum sharing arrangements to ensure efficient use of spectrum.
3) Transition from copper networks to full fibre
The DNA will introduce mandatory national transition plans to accelerate the phase-out of copper networks and the transition to full fibre. Member States will be required to present their national plans in 2029 and to decommission legacy copper networks by 31 December 2035.
4) Governance
The DNA proposal sets out a governance framework to ensure the coherent, independent and effective functioning of the single market for electronic communications. It proposes consolidating EU-level governance by integrating and strengthening the role of BEREC, and by establishing the Radio Spectrum Policy Board (“RSPB”), which will replace the Radio Spectrum Policy Group, together with a new Office for Digital Networks (“ODN”). The ODN will support BEREC and the RSPB.
5) Resilience and preparedness
The DNA establishes a framework to reduce or avoid dependencies within the connectivity ecosystem and introduces an EU-level ‘Preparedness Plan for Digital Infrastructures’ to address the rising risks of natural disasters and foreign interference in networks. It also places increased focus on cybersecurity and ICT supply chain risks through a new general authorisation obligation, and will complement other EU cybersecurity rules, including NIS2 and the Cybersecurity Act.
6) Voluntary conciliation mechanism to resolve interconnection disputes
Despite previous suggestions that content and application providers generating large volumes of traffic should contribute financially to network infrastructure rollout, this has not been incorporated into the DNA proposal. Instead, the DNA will establish a voluntary conciliation procedure to facilitate cooperation and dispute resolution between network and content providers on interconnection issues.
The publication of the proposal for the DNA was initially planned for December 2025. However, publication was delayed partly due to internal opposition, including from several Member States. These Member States cited national sovereignty as a main concern in relation to the DNA, noting that frequency policy and management should remain a national competence.
Additionally, some telecom companies fear that the migration from copper to full fibre could lessen competition within the EU. The costs associated with upgrading to full fibre present challenges, and some countries may not have the resources to invest in new full fibre systems. As a result, there may be an increase in M&A activity in the telecoms sector which risks a reduction in consumer choice and an increase in price.
The DNA represents a significant shift in how the EU seeks to regulate digital infrastructure, with practical implications for how businesses operate. The DNA offers a simplified framework that increases innovation and investment in advanced fibre and connectivity, which will greatly benefit businesses.
Businesses currently operating copper networks should begin to assess their ability to transition to full fibre by 2035. Businesses should also consider the additional cybersecurity requirements and ensure compliance with the DNA.
The DNA proposal is now at first reading in both the European Parliament and the Council, with negotiating positions still being finalised ahead of trilogue. As part of its Presidency of the Council of the European Union until December 2026, Ireland will direct discussions relating to the DNA. While negotiations on the DNA are unlikely to be concluded during Ireland’s presidency, Ireland will aim to submit a progress report in relation to the DNA by December 2026.
After its adoption, the DBA is intended to enter into force 20 days after publication in the Official Journal of the European Union, with full application six months later, subject to specific transitional periods (up to 36 months) for certain provisions, such as those for satellite authorisation.
