Study on the implementation of the open internet provisions of the Telecoms Single Market Regulation : final report

The net neutrality provisions in Regulation 2015/2120 aim to protect end-users and guarantee the continued functioning of the internet ecosystem as an engine for innovation. This study provides a facts-based overview and analysis regarding the implementation and effectiveness of the Regulation in all Member States and Norway. The study finds that the Regulation has significantly contributed to a more consistent approach to the establishment, implementation and enforcement of the net neutrality rules. Additionally, the study presents specific recommendations: 1. Investigate the impact of a possibly diverging interpretation of the term Network Termination Point on the effectiveness of the Regulation. 2. Clarify the interpretation of traffic management measures and specialised services in light of the objectives of the Regulation. 3. Clarify the relevance of individual orders by Civil Courts or public authorities referred to in Article 3(3)(a) for other market parties not addressed by the order. 4. Consider distinguishing between consumers and business users when evaluating the effectiveness, efficiency and proportionality of the Regulation. 5. Consider how greater transparency and accessibility of national measures and court rulings could be achieved.