Jurisdiction(s):
United Kingdom

Ofcom’s net neutrality update: UK guidance on assimilated Regulation 2015/2120, zero‑rating (Types One–Three), specialised services, traffic management, transparency duties, and divergence from EU approach

Published on: 02 February 2024

Published by a LexisNexis TMT expert

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Assimilated Regulation (EU) 2015/2120

Assimilated Regulation (EU) 2015/2120 initially applied in the UK by virtue of the nation’s EU membership. Once IP completion day had passed, the instrument became part of retained EU law. Owing to the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023), from the close of 2023 it has instead sat within the corpus now described as assimilated law. That category is handled somewhat differently from retained EU law: the supremacy principle that once attached to the latter no longer bites on assimilated law, and does not apply to it. Nevertheless, despite this alteration in status and treatment, Assimilated Regulation (EU) 2015/2120 still provides the cornerstone of the UK’s net neutrality regime and, as such, remains a principal reference point for Ofcom’s guidance.

What were the key findings in Ofcom’s review of net neutrality?

In its October 2023 statement, Ofcom recognised that, since Assimilated Regulation (EU) 2015/2120 came into effect, the internet ecosystem has shifted markedly, prompting the need to revisit the prevailing guidance; in other words, Ofcom considered that a review of the existing guidance was necessary...

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