Draft Commission proposal for the Digital Networks Act. An initial assessment
1 January 2026 – Today, the European Commission presented its draft for a Digital Networks Act, abbreviated as “DNA”. The Digital Networks Act is intended to fundamentally restructure the existing European legal framework for electronic communications. Several regulatory regimes that have so far been separate are to be consolidated in order to harmonise regulation, simplify procedures, and accelerate the roll-out of high-performance digital networks across Europe. Designed as a regulation, the DNA is intended to lay down key requirements directly at EU level and thereby achieve stronger harmonisation.
Provisions on the network termination point and freedom of choice of terminal equipment in the current draft
The VTKE welcomes the fact that the current draft of the DNA also incorporates the provisions on the determination of the network termination point, and thus on the freedom to choose terminal equipment, from the European Electronic Communications Code. According to the current draft of the DNA, responsibility for determining the network termination point is to remain with the national regulatory authorities. The DNA itself therefore does not define the location of the network termination point.
The DNA further provides that BEREC is to review the existing guidelines on the determination of the network termination point, which the national regulatory authorities are expected to largely take into account, at a point in time that has not yet been specified. In particular, this review is to assess whether the guidelines are effective and whether they contribute to a more uniform determination of the location of the network termination point by the national regulatory authorities. On the basis of the results of this analysis, BEREC is to develop new common approaches to identifying the network termination point. The objective is to achieve closer alignment of regulatory practice within the EU, without completely removing decision-making authority from the national authorities.
Why is freedom of choice of terminal equipment so important?
The freedom to choose telecommunications terminal equipment is a key pillar of effective competition, freedom to innovate, and consumer sovereignty. It enables users to decide for themselves which terminal equipment they use directly on their broadband connection. At the same time, freedom of choice of terminal equipment creates an open market for telecommunications devices, promotes competition, fosters technological innovation, and strengthens consumers’ digital sovereignty. Especially against the backdrop of growing dependencies in the digital sphere, it also represents an important contribution to resilience and security in Europe.
How does the VTKE view the draft DNA?
The VTKE expressly welcomes the objective of stronger European harmonisation of telecommunications regulation. However, with regard to the network termination point, the present draft falls short of its potential from the association’s perspective. Particularly in the determination of the network termination point, the Digital Networks Act would have offered an opportunity to bring greater uniformity to the previously very heterogeneous regulatory practice in the Member States through clearer and more binding European provisions, and to create a genuine European single market for telecommunications terminal equipment.
A clearer positioning in favour of further liberalisation of the market for telecommunications terminal equipment would have strengthened competition and innovative momentum, and in particular would have sustainably safeguarded users’ freedom of choice. The VTKE will therefore advocate, in the course of the further discussions on the draft DNA, for a continued strengthening of freedom of choice of terminal equipment, in order to further promote the competitiveness and resilience of the telecommunications terminal equipment sector.