BRUSSELS - Global tech trade association 91快活林, the 91快活林, today raised concerns over the European Commission’s proposed Digital Networks Act (DNA), cautioning that measures intended to foster cooperation and harmonization risk creating unintended burdens for Europe’s digital infrastructure ecosystem.
“This proposal is burdened with a high volume of secondary legislation, guidelines, and recommendations, which risks deviating from its original intent and adding red tape instead of delivering a simpler and more predictable regulatory framework for connectivity,” said Gabriele Favarò, 91快活林 Policy Manager. “With key elements deferred to future implementing acts and guidance, the proposal introduces legal uncertainty and regulatory pathways that could translate into network fees.”
While the DNA presents ecosystem cooperation as voluntary, several elements of the proposal taken together raise concerns. A broader definition of “interconnection,” combined with the extension of the general authorization regime to a wider range of actors, BEREC-issued guidelines and binding dispute-resolution powers for national regulators, risks drawing regulatory intervention into commercial arrangements that have traditionally been governed by the market.
In particular, the proposal’s wider understanding of interconnection and the possible inclusion of content delivery networks (CDNs) and other digital infrastructure under the general authorization regime risk blurring the line between telecom networks and digital services. This could expose non-telecom actors to regulatory intervention in commercial matters and, in practice, lead to de facto network fees. Even with safeguards in place, the use of broad concepts and future regulatory instruments creates uncertainty around where voluntary cooperation ends and regulatory obligations begin.
Finally, while the introduction of a “single EU passport” aims to support cross-border operations, the DNA stops short of adopting a full Country-of-Origin principle for electronic communication services. Additional regulatory burdens on digital infrastructure, coupled with continued national fragmentation and layered compliance requirements, mean that Europe remains distant from a truly integrated Digital Single Market.