On 21 January 2026, the European Commission officially presented the Digital Networks Act (DNA), a far-reaching proposal to reform the European legal framework governing digital networks. According to the Commission’s objectives, the reform is intended to mark a turning point for the sector by fostering the development of innovative and resilient digital infrastructure.
The initiative represents the culmination of a lengthy reflection on the future of digital communications in Europe, launched in 2023 with an exploratory consultation and continued in February 2024 with the publication of the White Paper “How to master Europe’s digital infrastructure needs?”
Modernisation and simplification are the guiding principles underpinning the proposal. Beyond encouraging the migration from legacy copper networks to next-generation high-capacity infrastructure—including fibre, 5G, 6G and cloud-based networks—the proposal primarily seeks to establish a genuinely integrated European market by promoting the emergence of operators and services capable of operating across multiple Member States.
The proposal responds directly to the recommendations contained in the strategic reports prepared by Enrico Letta and Mario Draghi on the future of the Single Market and European competitiveness. Both reports highlighted the strategic importance of the electronic communications sector for Europe’s future while emphasising the excessive fragmentation of the current market and the obstacles preventing major operators from investing, innovating and competing effectively on a pan-European scale.
Indeed, the current legal framework, based on a model of “light” harmonisation and on the broad discretion left to Member States when implementing EU directives, has led to divergent national authorisation regimes and a fragmented regulatory landscape that discourages cross-border initiatives, increases compliance costs and delays the deployment of new technologies.
As further emphasised by Sauli Niinistö’s report Safer Together – Strengthening Europe’s Civilian and Military Preparedness and Readiness (October 2024), as well as by the Commission Communication “A Competitiveness Compass for the EU” (COM(2025) 30 final), cutting-edge digital network infrastructure is essential not only for Europe’s economic competitiveness and social well-being but also for the Continent’s civilian and military security. Ensuring high-quality, reliable and secure connectivity for end users therefore constitutes a strategic objective of the European Union, to be pursued by strengthening Europe’s internal capabilities, reducing dependence on third countries and enhancing resilience against future crises.
Against the backdrop of rapidly evolving infrastructure increasingly integrating telecommunications, satellite systems, cloud services and edge computing—driven by virtualisation technologies and artificial intelligence—the European response points towards greater regulatory centralisation aimed at removing obstacles created by fragmented national administrative practices and unnecessary domestic restrictions.
It is therefore unsurprising that the Commission has chosen the legal instrument of a Regulation, intended to substantially simplify and harmonise the existing legal framework by replacing four major legislative instruments currently in force:
the European Electronic Communications Code (EECC);
the BEREC Regulation (EU) 2018/1971;
the Radio Spectrum Policy Programme (Decision No. 243/2012/EU);
and significant portions of the Open Internet Regulation (EU) 2015/2120.
One of the proposal’s most significant innovations is the introduction of a single EU authorisation, or “single passport”, for the provision of network services.
This unified authorisation procedure would enable operators to obtain, from a single Member State, a licence valid throughout the entire European Union.
Similarly, the proposal devotes considerable attention to the management of strategic assets, including radio spectrum, numbering resources and satellite infrastructure. Among the proposed measures are longer-lasting licences—potentially of indefinite duration—and new EU-wide instruments, including a single spectrum market, harmonised authorisation conditions and one-stop-shop procedures designed to encourage resource sharing, improve the efficient use of scarce assets, reduce market fragmentation and facilitate the development of innovative pan-European services.
These measures appear intended to support market developments that are already underway.
In particular, increasing cooperation among operators—especially within the mobile sector—has recently resulted in major infrastructure-sharing projects, such as the Radio Access Network (RAN) sharing agreement concluded between Fastweb/Vodafone and TIM earlier this year, as well as other significant initiatives, including Zefiro Net, the joint venture established by WindTre and Iliad in January 2023, and similar network-sharing arrangements already operating in Spain between Orange and Vodafone, including with respect to 5G infrastructure.
Another important aspect of the DNA concerns the introduction of national transition plans aimed at completing the switch-off of copper networks and achieving full fibre deployment by 2035. Here too, the proposed framework strengthens the Commission’s coordinating role with a view to preventing national divergences that could increase regulatory uncertainty and discourage long-term investment.
Despite the ambitious scope of the reform, the proposal has also attracted criticism. Several commentators have observed that the Commission’s proposal represents, in certain respects, a step back from the ambitions outlined in the 2024 White Paper, particularly regarding the highly debated issue of “fair share”, or network contribution. This concept concerns the possibility of requiring major providers of digital content and applications to contribute financially to the infrastructure investments needed to support the network traffic generated by their own services.
The issue remains particularly controversial, not least because of its potential implications for the principle of net neutrality and its broader impact on EU-US trade relations, having also featured in the tariff agreement reached between the European Union and the United States during the summer of 2025. Ultimately, the Commission opted not to introduce mandatory financial contributions but instead proposed a voluntary conciliation mechanism managed by national regulatory authorities to facilitate commercial negotiations between connectivity providers and digital content providers. This solution has disappointed many network operators, who had advocated for a mandatory contribution mechanism applicable to large over-the-top (OTT) providers.
At the same time, it has also generated concerns among OTT providers themselves, who view the proposed conciliation mechanism as a potential first step towards future legislative or regulatory initiatives introducing genuine network usage charges.
The debate surrounding the numerous aspects of the proposed Regulation has only just begun.
Although the Commission’s policy direction is now clearly defined, it will be necessary to await the outcome of the European legislative process before assessing the actual degree of innovation that the Regulation will ultimately bring to the electronic communications market.
It is nevertheless to be hoped that the ongoing institutional negotiations will progress at a pace consistent with the rapid technological evolution of the sector, thereby avoiding the risk that the new regulatory framework may already appear outdated or ineffective by the time it enters into force.
