Matheson EU Legislative Insights
Expert analysis of the EU legislation shaping Ireland’s Presidency agenda.
Matheson EU Legislative Insights is a fortnightly update focusing on key aspects of the legislative agenda during the course of Ireland’s Presidency of the Council of the European Union.
Every two weeks, Matheson experts will review a key piece of legislation to provide an “at-a-glance” summary of its strategic context, objectives and implications. Should you have any queries in respect of the contents of the update, please do not hesitate to contact your usual Matheson LLP contact or any member of our team detailed below.
In focus: the Digital Networks Act
What is the purpose of the Digital Networks Act?
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. It 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 |
