Open Internet Access
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Summary
Regulation (EU) 2015/2120 lays down measures concerning open internet access (net neutrality) by requiring providers of internet access services to treat all traffic equally, without discrimination, restriction or interference, subject to limited exceptions. It also establishes transparency obligations on providers regarding internet access services and related traffic management practices. In addition, it includes provisions on retail charges for regulated intra-EU communications (as amended).
Who is affected?
Providers of internet access services in the EU (including ISPs and mobile operators) and end-users (consumers and businesses) who access and distribute information and content online. National regulatory authorities (NRAs) are responsible for monitoring and enforcement.
Scope
Applies to the provision of internet access services and the rights of end-users to access and distribute information and content and to use and provide applications and services of their choice via their internet access service in the EU.
Key Points
- End-users have the right to access and distribute lawful content and to use and provide applications and services of their choice, regardless of location.
- Providers must treat all traffic equally when providing internet access services; blocking, throttling and discrimination are prohibited except for narrowly defined, proportionate exceptions (e.g., legal obligations, network integrity/security, temporary congestion management).
- Reasonable traffic management measures must be transparent, non-discriminatory and proportionate, and must not be based on commercial considerations.
- Specialised services may be offered only if network capacity is sufficient and they do not impair the general quality of internet access services.
- Providers must give clear, comparable and up-to-date information (including on speeds, traffic management and remedies) in contracts and pre-contractual information.
- NRAs must monitor compliance and ensure effective enforcement, including minimum quality-of-service requirements where necessary.
Frequently Asked Questions
Who must comply with Regulation (EU) 2015/2120 on Open Internet Access?
All providers of internet access services in the EU, including ISPs and mobile operators, are required to comply. National regulatory authorities (NRAs) are responsible for monitoring and enforcement.
What is the main objective of the Open Internet Access Regulation?
The regulation aims to ensure net neutrality by requiring that all internet traffic is treated equally, without discrimination, restriction, or interference, subject to limited exceptions.
What are the key obligations for internet access providers under this regulation?
Providers must treat all traffic equally, refrain from blocking or throttling content except in specific cases, and provide clear, transparent information to end-users about their services, including traffic management practices.
Are there any exceptions to the rule against blocking or throttling internet traffic?
Yes, exceptions are allowed for compliance with legal obligations, to preserve network integrity and security, and for temporary congestion management, provided such measures are proportionate and non-discriminatory.
What rights do end-users have under this regulation?
End-users have the right to access and distribute lawful content, and to use and provide applications and services of their choice, regardless of their or the provider’s location within the EU.
How does the regulation address transparency for consumers?
Providers must give clear, up-to-date, and comparable information in contracts and pre-contractual documents, including details on internet speeds, traffic management, and available remedies.
What are the penalties for non-compliance with the regulation?
Penalties are determined and enforced by national regulatory authorities (NRAs) in each Member State, and may include fines or other corrective measures as appropriate.
How does this regulation interact with other EU laws?
The regulation complements existing EU telecommunications and consumer protection laws, and NRAs must ensure its enforcement in coordination with other relevant legal frameworks.
What practical steps should providers take to ensure compliance?
Providers should review and update their traffic management practices, ensure transparency in customer communications, and maintain records to demonstrate compliance to NRAs.
Are specialised services allowed under the regulation?
Yes, specialised services can be offered if sufficient network capacity exists and their provision does not negatively impact the general quality of internet access services.
Key Terms
- Net Neutrality
- The principle that all internet traffic must be treated equally, without discrimination, restriction, or interference by internet access providers.
- Traffic Management
- Techniques used by internet access providers to manage data flow on their networks, which must be reasonable, transparent, non-discriminatory, and not based on commercial considerations.
- Blocking
- The practice of preventing access to specific content, applications, or services on the internet, which is generally prohibited under this regulation except for limited exceptions.
- Throttling
- Intentional slowing down of internet traffic for certain services or users, which is prohibited except in narrowly defined circumstances.
- Specialised Services
- Services that require a specific level of quality, such as IPTV or telemedicine, which may be offered if they do not impair the general quality of internet access.
- National Regulatory Authority (NRA)
- A national body responsible for monitoring, enforcing, and ensuring compliance with the regulation within each EU Member State.
- Transparency Obligation
- The requirement for providers to supply clear, accurate, and up-to-date information about their internet access services, including speeds and traffic management.
- Congestion Management
- Temporary measures taken by providers to address network congestion, permitted only if they are proportionate and non-discriminatory.
- End-User Rights
- The entitlements granted to consumers and businesses to access, distribute, and use lawful content, applications, and services of their choice via the internet.
- Quality of Service (QoS)
- A measure of the overall performance of an internet service, which NRAs may set minimum requirements for to ensure adequate user experience.