Net Neutrality 2026: What Operators and Tech Companies Must Review

Key data

Telecommunications operators and internet access providers in the EU have a new internal review obligation. The technical amendment to Regulation (EU) 2015/2120 —identified as CELEX:32015R2120R(03) and published on September 3, 2026— adjusts the wording of the net neutrality regulation to eliminate ambiguities that could generate divergent interpretations between operators and national regulators.

The underlying principle is clear: net neutrality requires treating all data traffic equally, without discrimination based on origin, destination, or type of content. Any traffic management policy that does not respect this principle exposes the operator to sanctions from the corresponding national regulator.

What does this regulation establish?

Regulation (EU) 2015/2120 is the European regulation that enshrines net neutrality and regulates international roaming in the European Union. This amendment —the third to said regulation— does not introduce new substantive obligations, but rather clarifies the original wording to prevent different actors from applying divergent interpretations in practice.

The aspects that the amendment seeks to clarify focus on:

• The obligation of internet access providers to treat data traffic equally, without discrimination based on origin, destination, or type of content.
• Permitted traffic management policies and their limits, so they do not serve as an indirect means to discriminate content or services.
• The wording of contracts between operators and users, which must accurately reflect the actual conditions of network access.

As it is a technical amendment, its practical effect is that the current version of Regulation (EU) 2015/2120 must be read with the incorporated clarifications, and any internal policy or contract that had been drafted based on the previous wording may require updating.

Economic and operational impact

The direct impact is not a new fee or fixed amount: it is the risk of sanctions for non-compliance with net neutrality obligations, which each national regulator must determine (in Spain, the CNMC). The amendment strengthens the legal basis on which regulators can act, which increases the exposure of operators that do not have their policies aligned.

From an operational perspective, costs are primarily internal:

• Legal and compliance review of current traffic management policies.
• Contractual updates of contracts with end users and business customers.
• Internal training of technical and product teams to align practices with the amended wording.
• Coordination with the national regulator if there are interpretive doubts about specific practices.

For technology companies and digital service providers, the impact is indirect but relevant: the correct application of net neutrality ensures that their services are not penalized or slowed down by operators, which protects their business model and the quality of service perceived by their users.

Who does it affect?

• Telecommunications operators with fixed or mobile networks in the EU: must review and update their traffic management policies.
• Internet service providers (ISPs): obligated to guarantee equal treatment of traffic and to reflect it in their contracts.
• Technology companies and digital platforms: affected indirectly, as they depend on equal network access to compete on equal terms.
• Streaming service providers, video games, communications and content providers: any traffic discrimination directly impacts their user experience.
• End users in the EU: beneficiaries of the net neutrality principle, with the right to access any content without discrimination.
• Legal advisors and regulatory compliance professionals working with operators or tech companies: must know the amended version of the regulation to provide updated advice.

Practical example

A Spanish telecommunications operator offers its broadband customers an internet access service. In its traffic management policy, it includes a clause that allows it to reduce the speed of third-party streaming services during peak hours, while maintaining full speed for its own video-on-demand platform.

Under Regulation (EU) 2015/2120 —with the clarifications incorporated by this amendment— that practice constitutes discrimination by type of content and service origin, expressly prohibited by the net neutrality principle. If the CNMC detects this practice, it can initiate a sanctioning procedure. The operator should review this clause, remove it from its contracts, and adjust its network technical configuration before the regulator acts.

This same reasoning applies to any European operator that prioritizes its own traffic or that of business partners over that of third parties.

What should companies do now?

1. Review current traffic management policies to identify any practice that may discriminate traffic by origin, destination, or type of content, and compare them with the amended wording of Regulation (EU) 2015/2120.
2. Audit contracts with end users and business customers to ensure they accurately reflect the actual conditions of network access and do not contain clauses incompatible with net neutrality.
3. Update internal documentation (operations manuals, technical configurations, product policies) using the amended version of the regulation as reference, not the previous wording.
4. Consult with the national regulator (in Spain, the CNMC) if there are specific practices about which there are interpretive doubts, before they become subject to inspection.
5. Train technical, legal, and product teams on the practical implications of the amendment, especially regarding traffic management and commercial offer design.

Official source

View complete regulation on official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32015R2120R(03)