Regulation 2015/2120/EU: laying down measure concerning open internet access

Net Neutrality, the principle of open and free traffic transmission across the internet without bias, is at the heart of the modern internet. It is an essential tool to remove digital divides but its legal position has not always been clear. When Tim Wu first raised the issue of net neutrality in 2003 the network was (mostly) neutral by design but not by law. Emerging technologies made a managed network possible but at the cost of open access and equality of transmission and service. Governments have responded to the network neutrality challenge in different ways and the European Union through Regulation 2015/2120/EU Laying Down Measures concerning Open Internet Access mandated network neutrality by law within the EEA. This chapter analyses the main provisions of the Regulation on open internet access and data roaming two key provisions to provide open, free and unhindered access to the network. It discusses the regulatory framework and the few early cases on the principle of zero rating.