EU Commission's Digital Networks Act Threatens to Gut Net Neutrality
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For nearly a decade, Europe has had some of the strongest net neutrality protections in the world. Your internet provider cannot slow down your VPN, throttle Netflix to push its own streaming service, or charge websites for faster delivery. Every byte of data is treated equally.
That could be about to change.
On January 21, 2026, the European Commission published its proposal for a Digital Networks Act (DNA), framed as a routine modernization of Europe's telecom rules. But according to EDRi (European Digital Rights), the continent's leading digital rights organization, this proposal is anything but routine. It could dismantle the very framework that keeps Europe's internet open, neutral, and free.
What's at stake: The Digital Networks Act would remove 18 of 19 legal recitals that guide net neutrality enforcement, give politicians power to authorize paid fast lanes, and restructure independent regulators to allow political interference.
What Is Net Neutrality (and Why Should You Care)?
Net neutrality is a simple but powerful principle: all internet traffic must be treated equally. Whether you're streaming a movie, making a video call, browsing social media, or using a VPN, your internet service provider (ISP) must deliver that data at the same speed and priority.
Without net neutrality, ISPs can:
- Throttle services that compete with their own offerings
- Create paid fast lanes where only companies that pay get full speed
- Slow down VPN traffic because encrypted connections prevent ISP tracking and ad targeting
- Block or degrade content they don't approve of
- Charge websites for the privilege of reaching their customers
Europe's current framework, built on the 2015 Open Internet Regulation, has evolved through court decisions, regulatory guidance, and a decade of practical enforcement. It works. So why change it?
The Digital Networks Act: "Modernization" or Demolition?
The European Commission presents the DNA as a necessary technical update. The stated goals sound reasonable: boost investment, simplify regulation, prepare networks for AI and cloud technologies, and strengthen Europe's competitive position.
But as EDRi's member organization epicenter.works explains after their rapid analysis, the DNA does far more than simplify. It fundamentally restructures the balance of power between citizens, regulators, and telecom corporations.
Here are the most dangerous provisions:
Removing the Legal Compass
This is perhaps the most consequential change, and it's buried in technical legal language.
The current net neutrality regulation has 19 legal recitals. These aren't just decorative text. They're the interpretive framework that judges and regulators use to apply the law in real-world cases. When a telecom company tries something shady, these recitals guide the legal reasoning that stops them.
The DNA deletes 18 of 19 recitals.
EDRi puts it clearly: "These provisions did not just add text, they shaped how judges and regulators interpreted the law in concrete cases. By deleting 18 of the 19 recitals, the DNA reduces legal clarity and weakens citizens' rights."
The result? An unpredictable legal environment where corporations can push for traffic discrimination and paid prioritization, knowing that the guardrails have been removed.
A Backdoor for Paid Fast Lanes
Paid "specialised services" were one of the biggest battles in the original net neutrality debate. Europe's framework allows them only when technically necessary and only if they don't harm the general internet.
This balance has been carefully maintained. In 2020, BEREC (the Body of European Regulators for Electronic Communications) issued guidance on how net neutrality applies to 5G and network slicing. Right now, they're running a public consultation to update the framework for new technologies.
The DNA would bypass this entire expert process. Instead, the European Commission would get unilateral power to decide when ISPs can offer paid fast lanes, potentially overriding BEREC's independent guidance.
Why this matters for you: Paid fast lanes create a two-tier internet. Large corporations like Netflix or Google can afford to pay for priority. Your favorite independent streaming service, privacy tool, or open-source project cannot. Over time, the "slow lane" becomes unusable, and only services that pay get decent speeds.
The Return of "Fair Share" (Network Fees)
The DNA revives a concept Big Telecom has been pushing for years: network fees, often marketed as "fair share."
The idea is that large content providers like Netflix or YouTube should pay ISPs for the network traffic they generate. It sounds logical until you understand how the internet actually works.
Here's the reality:
- Customers already pay their ISP for internet access
- Content providers already pay for their own infrastructure and bandwidth
- Over 99% of internet peering connections are settlement-free because connectivity itself is what ISPs sell
- The concept dates back to the telephone era, where networks charged to terminate calls. The internet never worked this way
Introducing network fees would:
- Increase costs for online services (which get passed to consumers)
- Create barriers for startups and smaller providers who can't afford to pay
- Give ISPs double income: charging both the customer and the content provider
- Distort the internet's architecture by turning connectivity into a toll system
Undermining Independent Regulators
BEREC has been the backbone of net neutrality enforcement in Europe. As an independent network of national telecom regulators, it makes decisions based on evidence and technical expertise, not political pressure.
The DNA would restructure BEREC's office into an "Office for Digital Networks" and grant the European Commission access to internal discussions and working groups.
EDRi warns: "Politically appointed officials having a seat at the table risks replacing neutral enforcement with political bargaining. This could seriously undermine trust in public institutions and the ability of regulators to do their job."
Independent regulation isn't just bureaucratic nicety. It's what prevents telecom companies from lobbying politicians to weaken enforcement. When regulators answer to evidence rather than politics, citizens win.
Current Framework vs. DNA Proposal
| Aspect | Current Framework | DNA Proposal |
|---|---|---|
| Legal guidance | 19 interpretive recitals | Only 1 recital remains |
| Specialised services | Expert regulators decide | Commission gets unilateral power |
| Network fees | Not applicable (internet model) | "Fair share" concept revived |
| Regulator independence | BEREC independent from politics | Commission access to internal discussions |
| Traffic treatment | All traffic treated equally | Paid prioritization possible |
| Enforcement | Evidence-based, case law | Political bargaining risk |
What This Means for VPN Users
If you use a VPN to protect your privacy, you should pay close attention to this proposal. Net neutrality is one of the main reasons ISPs can't discriminate against VPN traffic today.
Without strong net neutrality protections:
- VPN throttling: ISPs could slow down VPN connections because encrypted traffic prevents them from collecting data for targeted advertising
- VPN surcharges: ISPs could offer "unrestricted" plans at a premium, while basic plans throttle VPN and encrypted traffic
- Protocol blocking: ISPs could block specific VPN protocols (like WireGuard or OpenVPN) entirely, forcing users onto ISP-approved connections
- Higher costs: If VPN providers have to pay for priority network access, those costs get passed to subscribers
Privacy tip: Regardless of how this legislation develops, a VPN remains one of the most effective tools for protecting your online privacy. Consider a provider like NordVPN that uses modern protocols resistant to traffic discrimination. You can test your VPN for leaks at myip.foo.
What You Can Do
The DNA is a proposal, not law. It now goes to the European Parliament and the Council of the EU, where elected representatives will debate, amend, and vote on it. This is where citizen pressure matters most.
- Contact your MEP. Members of the European Parliament vote on this. Find your representative at europarl.europa.eu and tell them you support strong net neutrality
- Support digital rights organizations. Groups like EDRi and epicenter.works are leading the fight. Follow their campaigns and share their analysis
- Spread awareness. Most people don't know what net neutrality is until it's gone. Share this article and explain what's at stake
- Protect yourself now. Use a VPN, encrypted DNS, and test your connection for leaks. The best time to strengthen your privacy is before protections are weakened
A Pattern of Erosion
This isn't an isolated incident. EDRi points out that the European Commission has a pattern of presenting legislation that claims to simplify rules while actually eroding fundamental rights. The DNA follows the same playbook:
- Frame it as modernization ("outdated rules need updating")
- Bury the real changes in technical language
- Centralize power away from independent experts toward political bodies
- Promise innovation while delivering corporate advantage
Europe's net neutrality rules are not outdated. They've been continuously updated through BEREC guidance, court decisions, and regulatory practice. The framework has successfully adapted to 5G, network slicing, and new technologies, all without needing to be demolished and rebuilt.
The real question: Who benefits from weakening net neutrality? Not consumers, who get a slower internet with more restrictions. Not startups, who lose the level playing field. Not citizens, who lose legal protections. The answer is Big Telecom, which wants to charge twice for the same service.
Common Questions
What is the Digital Networks Act (DNA)?
The Digital Networks Act is a proposal by the European Commission to replace the EU Electronic Communications Code. While framed as technical modernization, it would fundamentally restructure Europe's net neutrality framework, weakening citizen protections and giving political bodies power over what was previously independent expert regulation.
What is net neutrality and why does it matter?
Net neutrality ensures all internet traffic is treated equally. Your ISP cannot slow down specific websites, block services, or create fast lanes for companies that pay extra. It protects competition, innovation, and your freedom to access any legal content online without interference.
How would this affect VPN users?
Without net neutrality, ISPs could throttle VPN connections, block specific VPN protocols, or charge premium prices for "unrestricted" internet plans. VPN providers might need to pay for priority access, increasing subscription costs for users.
Can the DNA still be stopped or changed?
Yes. The proposal now goes to the European Parliament and the Council of the EU. Both institutions can amend or reject provisions. Citizen pressure on MEPs and national representatives is crucial during this phase. Digital rights organizations like EDRi are actively campaigning for amendments.
What are paid fast lanes?
Paid fast lanes allow ISPs to give preferential treatment to services that pay extra. This creates a two-tier internet where wealthy companies get faster delivery while everyone else is stuck in the slow lane. It fundamentally breaks the principle of equal access that makes the internet work.
Conclusion
The European Commission's Digital Networks Act is not the reform Europe needs. Instead of building on a decade of successful net neutrality enforcement, it tears down the framework that keeps the internet open and fair.
Key takeaways:
- The DNA removes 18 of 19 legal recitals that guide net neutrality enforcement
- It creates pathways for paid fast lanes and traffic discrimination
- It revives "fair share" network fees that would increase costs for everyone
- It undermines BEREC's independence by allowing political interference
- The proposal now goes to the European Parliament and Council, where it can still be amended
As EDRi puts it: "Lawmakers must decide whether to defend fundamental internet freedoms or allow them to be dismantled under the label of reform."
Net neutrality isn't abstract policy. It's the reason your ISP can't slow down your VPN, block your favorite website, or charge you extra for accessing certain services. It's worth fighting for.
Protect your connection: While the legislative battle plays out, take control of your own privacy.
- Check your IP and connection status at myip.foo
- Test for DNS leaks that could expose your browsing
- Test for WebRTC leaks that bypass VPN protection
- Consider a VPN like NordVPN to encrypt your connection
Sources
- EDRi: The EU Commission is gutting net neutrality (epicenter.works analysis)
- European Commission: Proposal for a Regulation for the Digital Networks Act (DNA)
- European Commission: Digital Networks Act policy page