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 context, the OI WG has played a crucial role in ensuring 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 notably 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, as well as the production of reports relating to the internet ecosystem, including IP interconnection. Overall, the efforts of the OI WG aim to empower end-users, so that, via their internet access service, European citizens are free to access and distribute information and content, use and provide applications and services of their choice.

Working Group Co-chairs

Christoph Mertens

BNetzA, Germany

Amédée von Moltke

BIPT, Belgium

Work in 2025

In 2025, the OI WG will continue working on related topics, based on the Body of European Regulators for Electronic Communications (BEREC) Work Programme 2025.

Implementation of the Open Internet Regulation and the BEREC Open Internet Guidelines

In the 2025 work stream, BEREC will monitor the implementation of the Open Internet provisions among National Regulatory Authorities (NRA) for the period 1 May 2024 to 30 April 2025. BEREC will collect the annual national Open Internet Reports and the answers to an internal questionnaire to prepare the annual European-level Open Internet Report.

To support the NRAs’ obligation to ‘closely monitor and ensure compliance’ with the Open Internet Regulation, a forum will be held to discuss questions relating to the consistent application of the Open Internet Regulation on an informal basis. When appropriate, the workstream may also include questionnaires, surveys, workshops, etc., to collect information on topics of particular relevance to the Open Internet and to monitor emerging trends.

Collaboration on internet access service measurement tools

Through this workstream, BEREC intends to continue the ongoing work with NRAs on their national measurement tool deployment so as to:

Internal workshop on the consideration of 5G differentiated services and network slicing

The objective of this internal workshop will be to discuss any Open Internet-related regulatory issues associated with “specialised services”, openness of Application Programming Interfaces and network slicing in order to answer the questions raised by market players (operators, service providers and equipment manufacturers) in the context of the roll-out of 5G Stand Alone and the increased possibility of differentiated services on mobile networks.

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 European Union (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.

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