On 21 January 2026, the European Commission published a Proposal for a Regulation for the Digital Networks Act (“DNA”). The DNA is designed to modernise, simplify and harmonise the EU telecoms rules, with a view to incentivising investment and providing access to fast, secure and resilient digital infrastructure across the EU.
Purpose of the DNA
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 address the fragmentation of the electronic communications sector and incentivise a true single market for connectivity; and
- to enhance network security and resilience by limiting dependencies and promoting EU-level cooperation.
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. The replacement of the EECC with the DNA, which is directly applicable, (meaning it does not require individual Member State transposing legislation), will result in a more centralised framework for telecoms regulation, significantly reforming the existing EU telecoms regulatory framework impacting telecoms, infrastructure, digital technology and satellite companies, together with the wider telecoms ecosystem. The replacement of the EECC seeks to harmonise telecoms rules across the EU, simplifying the underlying obligations and reducing the overall regulatory compliance burden on market players.
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.
Key Measures in the DNA Proposal
1. Single market authorisation and passporting
The DNA will establish a “Single Passport” authorisation for electronic communications networks and services which will enable providers to operate across the EU based on a single notification in one Member State. It is proposed that BEREC will establish a harmonised template for notifications and Member States will be prohibited from imposing additional or separate notification requirements on service providers. The authorisation conditions will also introduce the requirement to comply with cybersecurity rules.
2. Spectrum reform
The proposal seeks to introduce a number of changes relating to spectrum management and satellite authorisation, including:
- Establishing EU-level satellite spectrum authorisations to facilitate pan-European operations and services. This would allow for increased scale, which is required especially in the context of the growth in popularity of direct-to-device satellite services.
- Introducing more consistent and investment-friendly conditions for spectrum assignment by extending the duration of spectrum licences / introducing licences of unlimited duration and by making licences renewable by default. It is hoped that these long-term licences will incentivise spectrum investment.
- The proposal also seeks to facilitate the use and investment into spectrum by promoting spectrum sharing provisions as well as mainstreaming spectrum sharing among operators 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 transition to full fibre. Member States will be required to present their national plans in 2029 and 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. The plan proposes consolidating EU-level governance by integrating and strengthening the role of BEREC, as well as establishing the Radio Spectrum Policy Board (“RSPB”) together with a new Office for Digital Networks (“ODN”). The ODN will support and assist BEREC and it will also assist the new RSPB which will replace and take over the tasks of the Radio Spectrum Policy Group.
5. Resilience and preparedness
The DNA establishes a framework which seeks to reduce or avoid dependencies within the connectivity ecosystem and introduces an EU-level ‘Preparedness Plan for Digital Infrastructures’ to tackle the rising risks of natural disasters and foreign interference in networks. There is also an increased focus on cybersecurity and ICT supply chain risks, with the introduction of a new general authorisation obligation. Additionally, the DNA 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 who generate large volumes of traffic should financially contribute to the rollout of network infrastructure, 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 where disputes arise regarding interconnection issues.
Next Steps
The DNA proposal will be presented to the European Parliament and the Council for debate and potential amendment. If adopted in its current form, most provisions would become directly applicable six (6) months after the Regulation enters into force.
