Open Internet Access (EU) 2015/2120 Regulation: the relevance of net neutrality, main concepts and the importance of BEREC guidelines in its application

Alberto Hidalgo Cerezo

Keywords

Net neutrality; EU 2015/2120 Regulation; BEREC; Guidelines; Open Internet; Digital Rights.

Abstract

Net neutrality debate has been gaining momentum over the years, particularly, since the beginning of this decade. As a result, policymakers have taken over this matter in very different approaches. As for today, United States of America has opted for a non-neutral internet, while European Union, India, and some South American countries (mainly Chile in 2011 and Brazil in 2014) are enforcing net neutrality by law. The digital revolution and the development of the internet, now crucial of our society, economy, and daily lives, has been raised in its natural context of neutrality. This paper gives an overall review of its relevance and how it unfolds some of the classic fundamental rights in the digital world, with an examination of the main concepts in the light of the Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access. We will follow the Guidelines elaborated by The Body of European Regulators for Electronic Communications (BEREC), for a standardized application of the Regulation through all European State Members. Finally, we will point out some concerns regarding the forthcoming review, expected for the 30th April 2019, as stated in Article 9 of the Regulation.

Table of contents

1. The importance of a neutral internet for the 21st century’s digital society
2. Basic concepts for a neutral internet under the BEREC guidelines
3. The review clause of the article 9. Deadline: 30th April 2019. Concerns on net neutrality regulation so far
4. Conclusions
Bibliography