The EU Regulation on open internet access (the Regulation) imposes a range of obligations on internet service providers (ISPs) in relation to their provision of internet access services (IAS). The Regulation came into effect on 30 April 2016.
The Regulation is intended to address concerns identified in the “net neutrality” policy debate, in particular to “safeguard equal and non-discriminatory treatment of traffic in the provision of internet access services and related end-users’ rights” and “guarantee the continued functioning of the internet ecosystem as an engine of innovation”.
To secure these goals, the Regulation imposes measures dealing with the way ISPs manage data traffic on their networks and the terms and conditions of, and the information included in, the contracts they offer for the provision of IAS.
The Regulation requires national regulatory authorities (NRAs) to monitor and ensure compliance and to promote the availability of non-discriminatory IAS at levels of quality that reflect advances in technology. NRAs are also required to publish an annual report on their monitoring activity and findings.