From Telecoms to “Digital Networks”: Navigating the EU’s New Digital Networks Act (DNA)

In this article for the Technology’s Legal Edge Blog, authors Christoph Engelmann & Mike Conradi discuss the European Commission’s newly proposed Digital Networks Act (DNA), which represents a fundamental shift from regulating traditional electronic communications to governing a broader cloud-integrated digital ecosystem. The DNA replaces the fragmented 2018 Electronic Communications Code with a directly applicable Regulation that applies uniformly across all 27 EU Member States. The proposal aims to create a genuine Single Market for connectivity by harmonizing authorization rules, centralizing spectrum management, and formally recognizing the convergence of telecommunications, cloud, and AI technologies.

The most significant operational change is the Single Passport procedure, which allows international providers to submit one notification to a single national regulatory authority to operate across all EU Member States, eliminating the need to navigate 27 different notification regimes. The DNA also centralizes critical infrastructure resources through EU-level satellite authorization granted by the European Commission and introduces harmonized spectrum management with indefinite license duration as the principle and a mandatory minimum of 40 years for limited terms. Notably, the proposal mandates a complete switch-off of legacy copper networks by December 31, 2035, requiring 95% fibre coverage before triggering the shutdown.

The DNA explicitly targets the “extended connectivity ecosystem” that is cloud- and AI-based, potentially bringing companies whose platforms integrate deeply with network infrastructure into its regulatory scope regarding resilience, security, and interoperability. The proposal does not include a mandatory “fair share” payment from internet companies to telecom operators, instead focusing on ecosystem cooperation facilitated by BEREC guidelines. It introduces a Union Preparedness Plan for Digital Infrastructures with emphasis on supply chain scrutiny for critical network segments and interoperability mandates for number-independent messaging services.

The proposal, formally adopted on January 21, 2026, now enters the Ordinary Legislative Procedure requiring approval from both the European Parliament and the Council of the EU. Once adopted, the DNA would enter into force 20 days after publication with full application six months later, though specific transitional periods up to 36 months apply for certain provisions. The authors conclude that while the DNA offers streamlined market access through the Single Passport, it also brings tech infrastructure under tighter regulatory oversight, fundamentally evolving the regulatory cost of doing business in Europe…

CONTINUE READING…