In January 2026, the European Commission unveiled a proposal for a Digital Networks Act (“DNA Proposal”) aimed at fundamentally modernising and harmonising the legal framework for digital connectivity across the EU. Key components include a coordinated EU-wide resilience and preparedness framework for digital infrastructures and a more unified general authorisation regime that incorporates a Single Passport mechanism to facilitate cross-border services and reduce the burden on SMEs in particular. The DNA Proposal also includes a strategically restructured European radio spectrum framework built on common principles, a dedicated EU-wide authorisation regime for satellite systems and a structured roadmap for the transition from copper networks to fibre optic infrastructure (FTTH). With these measures, the Commission is responding to increasing demand for high-quality, secure and resilient connectivity while also seeking to stimulate further investment in fibre, mobile and satellite networks and innovation. Stakeholders should therefore carefully monitor the timelines, obligations and measures arising from this very comprehensive legislative package and assess compliance implications at an early stage.
Background: development, purpose and objectives
Against the backdrop of ongoing technological transformation and the current geopolitical climate, the European Commission presented the DNA Proposal on 21 January 2026, building on the European Electronic Communications Code (Directive (EU) 2018/1972) adopted in 2018. The DNA Proposal is designed to prepare the EU for the transition to high-quality, reliable and resilient digital networks. By modernising and harmonising the existing legal framework, it seeks to create a true single market for electronic communications networks and services in the EU. New legislation is urgently needed given the current patchwork of national requirements and delays in the transposition of the European Electronic Communications Code, which sometimes went beyond what was strictly necessary (“gold-plating”). This has resulted in divergent authorisation conditions and increased compliance costs, slowing down the introduction of new technologies.
The Commission envisages the DNA as a tool to boost connectivity within the EU internal market, establish conditions for European satellite connectivity, incentivise investment, promote innovation and AI, strengthen network resilience and security and streamline regulations and reporting obligations, among other things.
From a legal point of view, the DNA Proposal is based on Article 114 TFEU, as it aims to ensure the functioning of the single market in electronic communications and in EU policy areas involving the use of spectrum. The DNA Proposal consolidates several separate legislative instruments, namely the European Electronic Communications Code, the BEREC Regulation (Regulation (EU) 2018/1971), the Radio Spectrum Policy Programme (Decision No. 243/2012/EU) and parts of the Open Internet Regulation (Regulation (EU) 2015/2120) into a single, directly applicable framework designed to streamline the rules on operation, network access, spectrum and end-user rights. In this way, the Proposal serves as a directly binding internal market framework for electronic communications, combining existing provisions and establishing standardised requirements throughout the EU.
Key provisions
To achieve its regulatory objectives, the DNA Proposal introduces the following key measures:
- Resilience and preparedness framework: The DNA Proposal establishes an EU-wide resilience and preparedness framework for electronic communications networks and services and strengthens the role of the Body of European Regulators for Electronic Communications (BEREC). Providers of public electronic communications networks, publicly available electronic communications services and other providers must in future explicitly cooperate with national regulatory authorities, other competent authorities and national crisis management and civil protection authorities to ensure continuous availability (Article 5(1) DNA Proposal). These providers and public safety answering points (PSAPs) must take all necessary measures to ensure uninterrupted availability of critical communications and emergency communications as well as uninterrupted transmission of public warnings (Article 5(2) DNA Proposal). When implementing new technologies, they must carry out preparatory measures, including testing and validation (Article 5(3) DNA Proposal). If migration to a new technology is likely to lead to the discontinuation of services on currently used end-user devices, providers must submit a roadmap for the migration process to the national competent authorities and end-users at least two years in advance (Article 5(4) DNA Proposal).
BEREC will adopt a “Union Preparedness Plan for Digital Infrastructures” within 12 months of the entry into force of the DNA (Article 6(1) DNA Proposal). According to the Proposal, this plan will include an assessment of electronic communications networks, operational recommendations and crisis management practices and will address the need for investments to support redundancy. As this plan must be taken into account by the authorities and providers and will therefore constitute a core element of corporate compliance obligations, companies should keep a close eye on the plan’s development and content. - Single Passport regime in the internal market: The DNA Proposal also provides for a more harmonised general authorisation regime for providers across the EU, which is intended to facilitate cross-border activities (Article 9(1) DNA Proposal). This will result in numerous administrative changes already apparent from the DNA Proposal that affected businesses should review and evaluate for themselves. Under the general authorisation regime, a provider wishing to provide electronic communications networks or services in one or several Member States only needs to submit a notification to the national authority of one of those Member States in accordance with the Single Passport procedure. Accordingly, providers are not obliged to obtain a decision from the national authority of the Member State of notification before exercising the rights derived from the general authorisation (Article 10(1) and (2) DNA Proposal). Instead, the authority will be required to confirm authorisation under the Single Passport procedure within one week, significantly speeding up proof of authorisation in tenders and dealings with partners. A template provided by BEREC is to be used for the notification. National regulatory authorities should therefore not impose additional notification requirements or demand multiple submissions, and updates should be kept to the minimum.
The Office for Digital Networks (ODN) will maintain a Union database of the notifications submitted, which will make it easier for contracting authorities and market participants to verify any authorisations (Article 10(8) DNA Proposal). Each Member State must also designate a national single contact point, while national regulatory authorities will be required to cooperate with each other (Article 11 DNA Proposal). Finally, the proposal would require that administrative fees not make it unnecessarily difficult for smaller providers to participate in the market and be waived if a provider’s turnover is below a certain threshold or their activities do not reach a minimum market share, thereby directly supporting the intended relief for SMEs (Article 12(2) DNA Proposal). - Radio spectrum regime: The DNA Proposal also aims to strengthen coordinated radio spectrum planning in the EU (Article 13 DNA Proposal). The Commission is to establish a Union radio spectrum strategy and Union roadmaps, while Member States are to draw up and implement national roadmaps (Article 17 DNA Proposal). Frequency bands that have been harmonised across the EU must be authorised for use for wireless broadband networks and services within 24 months of such harmonisation. Exceptions are strictly limited and must be justified (Article 18 DNA Proposal). The DNA Proposal also provides greater legal certainty for investments by introducing indefinite radio spectrum use rights, not subject to review until after expiry of a 20-year period. Fixed-term use rights for harmonised radio spectrum must run for at least 40 years and renew automatically (Article 24 et seq. DNA Proposal). Use rights may be transferred, leased or used jointly, provided this is not blocked for reasons of resilience, security, defence or public order (Article 26 et seq. DNA Proposal). A database administered by the ODN is to make usage opportunities more transparent, and a coordination and escalation procedure that may culminate in a decision by the Commission is envisaged for cases of cross-border disruption.
- EU satellite radio spectrum authorisation: The Single Passport regime explicitly does not apply to satellite systems (recital 45, p. 3 DNA Proposal). The justification given is the need for coherent conditions for satellite networks and services across the EU in order to facilitate cross-border offers. The Commission is to be responsible for managing the use of radio spectrum by satellite systems, including any international coordination (Article 36 et seq. DNA Proposal). Here, too, companies should analyse and evaluate the proposed changes. For example, the Proposal envisages that the provision of satellite networks and services in the Union will in future be subject to an EU-level procedure (Article 38(2) and (3) DNA Proposal). This centres on an EU-wide spectrum authorisation regime for satellite systems, coupled with transparency mechanisms such as a European frequency allocation database and the replacement of existing national authorisations by Union authorisations within 36 months of the proposed Act entering into force (Article 39 DNA Proposal). At the same time, operators will be obliged to meet stricter technical and operational requirements, to engage in coordination and to provide ongoing information to the competent authorities (Article 41 et seq. DNA Proposal). There is also provision for EU-wide measures for infringements, including suspension or withdrawal of the Union authorisation and fines (Article 43 et seq. DNA Proposal).
- Copper-to-fibre migration: The DNA Proposal also establishes a binding EU-wide framework for copper switch-off and transition to fibre for any copper networks remaining in operation after 30 June 2029 (Article 53 DNA Proposal). This creates an EU-wide target trajectory for affected companies since each Member State must prepare and notify its national transition to fibre plan, including milestones, to the European Commission by 31 October 2029 (Article 56 DNA Proposal). National regulatory authorities must designate copper switch-off areas in accordance with Commission guidance and update them on an ongoing basis (Article 55 DNA Proposal). Member States must mandate switch-off in these areas before 31 December 2035 if an area has at least 95% fibre coverage and affordable end-user offers are available (Article 54(1) DNA Proposal; Article 57(1), letters (a) and (b) DNA Proposal). Otherwise, a final EU-wide end date of 31 December 2035 applies, with exceptions only possible where fibre deployment is not economically viable and no adequate replacement solution exists (Article 54(2) and (3) DNA Proposal). The legal acts by Member States to mandate switch-off must set a start date for the switch-off of no later than one year after such act’s adoption and require it to be completed within three years (Article 54(4) DNA Proposal). There is also a new obligation on operators to submit detailed switch-off plans to their national regulatory authority within six months of switch-off being mandated within a specific area. The authority must then assess and approve them and supervise their implementation (Article 60 et seq. DNA Proposal). Member States also have obligations to provide information and to adopt measures to safeguard continuity of supply and affordability (Article 59 DNA Proposal).
Initial assessment
Above all, the DNA Proposal should mean a shift towards greater EU-wide standardisation with more precisely defined timelines and delivery trajectories. For providers with a cross-border focus, this will generally improve predictability and scalability. At the same time, however, the need for standard notifications, evidence and coordinated processes will increase, adding to the compliance workload and heightening requirements for governance, data retention and process quality. Economically, the approach sends out investment-oriented signals and tends towards facilitating the planning of long-term expansion programmes. According to the accompanying impact assessment, the Commission expects the measures to result in a cumulative GDP increase of EUR 157-327 billion and a CO2 reduction of 0.7 million tonnes.
At the same time, there is increasing pressure to implement modernisation measures more quickly and consistently. It is essential to carefully monitor and evaluate the numerous timelines and the proposed changes in responsibilities and procedures. It should also be noted that transformation requirements can trigger financial and operational peak phases, particularly when affordability, continuity of supply and customer migration must be ensured in parallel. Ultimately, while there are investment and scaling opportunities, these come with greater implementation pressure and increased regulatory process demands.
Conclusion and outlook – opportunity to comment on copper-to-fibre migration
The DNA Proposal aims to lay the foundation for a modern digital single market, marking a paradigm shift in European telecommunications law. Numerous opportunities arise for network operators, service providers and the public sector when cross-border operations are streamlined and regulatory frameworks better support investments in future-proof infrastructure. At the same time, the DNA Proposal makes organisational and technical implementation even more of a challenge, especially in areas where resilience requirements and transformation processes need to be integrated into day-to-day operations.
The Proposal will now be submitted to the European Parliament and the Council of the EU Member States for discussion and adoption. Meanwhile, the Federal Network Agency (Bundesnetzagentur) has already put forward a regulatory approach to the transition from copper to fibre networks (available at Regulierungskonzept der Bundesnetzagentur zur Kupfer-Glas-Migration (German only) with further information provided at Bundesnetzagentur – Kupfer Glas Migration (German only)), explicitly aimed at contributing to the upcoming debates at European and national level (Regulatory approach, Summary/Assessment, p. 3, K5/p. 12, margin no. 7). Stakeholders have until 16 March 2026 to submit their comments (Regulatory approach, Outlook, p. 78, margin no. 217) and would be well advised to take advantage of this consultation period to share their practical expectations regarding migration conditions, deadlines, wholesale access, and distribution of costs. According to the Bundesnetzagentur, the approach is closely aligned with the evolution of the national and European legal framework, explicitly encompassing the DNA Proposal and an amendment of the German Telecommunications Act (Telekommunikationsgesetz) (Regulatory approach, Outlook, p. 78, margin no. 218).
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