BEREC Provides Early Assessment of the Digital Networks Act, Welcoming Ambition While Highlighting Areas for Improvement

Why It Matters

The DNA will reshape Europe’s digital market; BEREC’s feedback could steer the law toward balanced competition, investment certainty, and stronger consumer rights.

Key Takeaways

• BEREC supports DNA’s resilience and sustainability goals
• Single Passport may cause forum shopping and enforcement delays
• Spectrum centralisation raises competition and veto concerns
• Unlimited licenses could entrench incumbent operators
• Safeguarding NRA independence remains critical for balanced regulation

Pulse Analysis

The European Commission’s Digital Networks Act (DNA) is the latest attempt to overhaul the regulatory architecture that governs broadband, mobile and satellite services. Building on the European Electronic Communications Code, the proposal seeks to embed resilience, sustainability and a faster transition from copper to fibre, while harmonising spectrum and numbering resources at EU level. As the principal body of national regulators, BEREC’s early assessment carries weight because it blends technical expertise with a market‑wide perspective. Its endorsement of the DNA’s ambition signals that policymakers are aligning the regulatory framework with the EU’s Green Deal and digital sovereignty goals.

Nevertheless, BEREC flags several structural risks that could undermine those objectives. The draft ‘Single Passport’ authorisation system concentrates enforcement in the first‑notifying Member State, a setup that may invite forum shopping, uneven supervisory loads and slower remedial action. Proposed centralisation of spectrum management—including EU‑wide fees, long‑duration rights and a Commission veto—could limit competition and favour incumbents, especially when paired with unlimited licence durations and automatic renewals. Moreover, narrowing end‑user protections and curbing national regulators’ ability to impose stricter rules raise red flags for consumer affordability and accessibility.

If the Commission incorporates BEREC’s recommendations, the DNA could deliver a more coherent internal market without adding legal uncertainty. Clearer spectrum allocation rules and a balanced competition framework would likely attract new entrants and stimulate investment in 5G and future 6G infrastructure. Preserving the independence of national regulatory authorities and BEREC itself will be essential to maintain the two‑tier oversight model that has historically ensured both EU‑wide consistency and local market sensitivity. Stakeholders should monitor forthcoming negotiations, as the final shape of the DNA will influence Europe’s competitiveness in the global digital economy.