The ACM published a handbook with the results of its study, and some guidance for ISPs to ensure their traffic management techniques are compliant with net neutrality rules.
Background: European ISPs are subject to the Open Internet Regulation, adopted in the EU in November 2015, which requires them to treat internet traffic without discrimination. “Reasonable” forms of traffic management are permitted. In the Netherlands, the regulator ACM launched a study in order to gain more insight into traffic management. As part of it, the ACM examined whether Dutch telecom providers use measures that treat internet traffic differently based on content or applications.
No surprises in the results: On 9 January 2020, the ACM published the findings of its study, and concluded that ISPs in the country are not discriminating between different types of content or applications, and that they have put into place processes to ensure they are compliant with the rules. In fact, the ACM notes that the conversations it had with the operators prompted several of them to amend their terms and conditions to clarify the information about traffic management practices.
Dialogue with stakeholders is working, but there is room for improvement: One of the findings of the ACM’s study is that some ISPs are actively engaging with the regulator to discuss cases where there is uncertainty, so that the ACM can help them address doubts about the legitimacy of a traffic management practice. This includes the launch of new products or offers subject to zero-rating. However, many other ISPs are not doing this, and the regulator invites them to adopt the same approach.
Care must be shown when buying products from outside the EU: One of the risks identified by the ACM is that when ISPs buy products from providers outside the EU, these may not be compliant with the Open Internet Regulation. In response, Dutch ISPs have indicated that they pay close attention in the purchase of equipment or software, and get involved in setting them up so that certain functions are activated or deactivated, in order to comply with the rules.
