Open Internet

The Open Internet Working Group (OI WG) contributes to the functioning of the Internet Ecosystem as an engine of innovation and thus to ensuring a level playing field for content and application providers. In this framework, the OI WG has played a crucial role in the consistent application of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access - the 'Open Internet Regulation'. It has developed and updated the Body of European Regulators for Electronic Communications (BEREC) Guidelines on the implementation of the Open Internet Regulation - the 'BEREC Open Internet Guidelines' - which provide guidance on the implementation of the Open Internet Regulation. The OI WG also helps National Regulatory Authorities (NRAs) share knowledge on the harmonised application of the Open Internet rules. Another important aspect is the exchange of experience and best practices related to national measurement tools. Overall, the efforts of the OI WG aim to empower end-users, so that European citizens are free to access and distribute information and content, use and provide applications and services of their choice.

Working Group Co-chairs

The image shows Veronique Ney, Co-chair of the BEREC Open Internet Working Group
The image shows the Co-chair of the Open Internet Working Group, Christoph Mertens

Véronique Ney

ILR, Luxembourg

Christoph Mertens

BNetzA, Germany

(Note: This video was recorded in 2022. It may include one or more former Co-chairs).

Work in 2023

In 2023, the OI WG will continue working on related topics, based on the BEREC Work Programme 2023 (sections 2.8. – 2.11.).

BEREC Report on the IP Interconnection ecosystem

In this report, BEREC will re-evaluate its conclusions from 2017, as well as assess the current status of and the developments in the market since the previous report, such as the relationships between different parties, utilisation of paid peering and on-net content delivery networks (CDNs). 

BEREC input to the debate regarding potential CAPs’ contribution to network investments

BEREC will contribute to the European Commission’s exploratory consultation on “The future of the electronic communications sector and its infrastructure” and any other initiative by European Union (EU) institutions on this matter.

BEREC Report on the implementation of the Open Internet Regulation

The Open Internet Regulation prescribes that NRAs should ‘closely monitor and ensure compliance’ with the Regulation and should ‘publish reports on an annual basis regarding their monitoring and findings’. Since 2017, BEREC has published an annual report on the implementation of the Open Internet Regulation and the OI WG has provided a forum for discussion of national cases and questions to ensure a predictable and consistent application of the Open Internet Regulation.

In 2023, BEREC will monitor the implementation of the Open Internet provisions among NRAs for the period 1 May 2022 to 30 April 2023. In this report, BEREC will also have a closer look at the implementation of the Open Internet Regulation in light of the rulings issued by the European Court of Justice in September 2021 and the BEREC Open Internet Guidelines updated in June 2022 accordingly. 

Collaboration on Internet access service measurement tools

BEREC will continue the ongoing work on national measurement tools, enabling NRAs to share information and exchange experiences and best practices related to their development and deployment, also taking into account the support provided by new technologies. This work stream will also consider best collaboration practices to maximise the benefits of existing NRA cooperation in this area and support the migration of interested NRAs towards a harmonised measurement tool by working together to improve the measurements and by sharing source codes or tool components.

Why is this important?

Net neutrality and Open Internet continue to be a crucial area of work for BEREC, and discussions are ongoing. Under the EU rules, internet service providers are prohibited from blocking or slowing down internet traffic, except where necessary. The provisions of the Open Internet Regulation enshrine in EU law an end user’s right to be free ‘to access and distribute information and content, use and provide applications and services of their choice’. Moreover, specific provisions ensure that NRAs can enforce this right.