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DRAFT OPINION (COM(2026)0016 – C100014/2026 – 2026/0013(COD))

On the proposal for a regulation of the European Parliament and of the Council on digital networks, amending Regulation (EU) 2015/2120, Directive 2002/58/EC and Decision No 676/2002/EC and repealing Regulation (EU) 2018/1971, Directive (EU) 2018/1972 and Decision No 243/2012/EU (Digital Networks Act)

LIBE-PA-789917

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Ana Vasconcelos

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This is the Committee on Civil Liberties, Justice and Home Affairs' draft opinion, with amendments, on the proposed Digital Networks Act, a regulation consolidating EU telecoms rules. It supports simplification but adds safeguards for privacy, data protection, net neutrality and fundamental rights. It adds a clause making the General Data Protection Regulation (GDPR) and the ePrivacy Directive apply to personal data processing under the regulation, and stops personal data being treated as payment. It strengthens open internet rules, shifts the burden of proof onto internet access providers, and adds a fundamental rights safeguard for measures limiting access to services. It requires legally binding anti-fraud measures and accessible number-blocking tools, extends emergency communication and public warning duties to number-independent services, and protects the independence of regulators. It streamlines reporting and cooperation duties and asks the Commission to review whether the ePrivacy Directive should be folded into the GDPR.

Committee position. The rapporteur supports simplification but finds the proposal does not adequately protect fundamental rights, data protection, privacy and net neutrality. The opinion proposes amendments to add those safeguards, guided by the EDPS Opinion 8/2026, while keeping proportionality and reducing burdens.

Key points

  1. Adds a recital requiring the regulation to be read in line with the European Declaration on Digital Rights and Principles, including a neutral and open internet.
  2. Adds a recital stating that the GDPR, Regulation (EU) 2018/1725 and the ePrivacy Directive apply to any personal data processing under the regulation, and that Charter rights must be respected.
  3. Amends recital 11 so that personal data processing is not treated as remuneration, citing Court of Justice case-law on Article 57 of the Treaty on the Functioning of the European Union (TFEU).
  4. Adds a recital requiring internet access providers to treat all traffic equally, without discrimination, restriction or interference.
  5. Requires Member States to adopt legally binding anti-fraud measures and providers to offer accessible number-blocking tools; revenue withholding stays discretionary.
  6. Extends emergency communication and public warning obligations to number-independent interpersonal communications services, with proportionate preparatory measures.
  7. Adds a fundamental rights safeguard: measures limiting access to services must be provided for by law, proportionate and respect the presumption of innocence, privacy and fair procedure.
  8. Requires traffic management measures to respect the Charter and the ePrivacy Directive and not to intercept, monitor or store the content of communications; the burden of proof lies with providers.
  9. Requires the Commission to consult the European Data Protection Supervisor (EDPS) on implementing and delegated acts affecting personal data, and BEREC on implementing acts.
  10. Bars the Commission from compromising the independence of national regulatory authorities and of the Board of Regulators, and makes Commission veto decisions subject to review by the Court of Justice of the European Union.
  11. Extends the 116000 missing persons hotline to missing adults, adds a 116111 child helpline duty, and requires safe, confidential, child-friendly operation, training and online access.
  12. Requires the Commission to review, after consulting the EDPS and BEREC, whether to incorporate the ePrivacy Directive into the GDPR, and limits data collection by the RSPB and the ODN to specified purposes.

Who is affected

  • Providers of electronic communications networks and services: new duties on traffic management, fraud prevention, emergency communication and public warnings.
  • National regulatory authorities and BEREC: reinforced independence and new information and consultation duties.
  • The Commission: must consult the EDPS and BEREC, publish veto analyses, and review the ePrivacy Directive.
  • End-users, including people with disabilities and children: accessible number-blocking tools, hotlines and emergency access.
  • Member States: must restore networks in emergencies, run hotlines and adopt binding anti-fraud measures.

Figures and deadlines

  • '116000': the number for reporting missing children and missing adults.
  • '116111': the number for the child helpline on violence, abuse, bullying and cyberbullying.
  • Every four years: how often providers must give regulators information on network capacity and traffic management.
  • Biennial: how often national regulatory authorities collect information to support the Plan.
  • 18 March 2026: date the EDPS delivered its opinion.
  • Six months after entry into force: deadline for the Commission's review report on the ePrivacy Directive.