Position papers
ETNO's position papers present its member-companies' views on a wide range of technical, regulatory and trade issues to European Union decision-makers, national governments and the general public.
They are developed either internally by ETNO working groups or, occasionally, in co-operation with third parties such as other industry associations.
Click here for definitions of ETNO Position Papers and Expert Contributions.
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Position papers
ETNO-GSMA feedback on draft implementing act under the NIS2 Directive
ETNO and the GSMA welcome the opportunity to share their views on the draft implementing regulation regarding cybersecurity risk management and reporting obligations for various digital infrastructure and service providers. Our members, who represent the leading telecommunication network and service providers in Europe, are thoroughly preparing to comply with the NIS 2 Directive and have been actively engaging with decision-makers and regulators on the national implementation of the law.
Member States are currently implementing and applying a plethora of security legislation, including the national transposition of NIS 2, which now also encompasses security rules for the telecom sector previously under the European Electronic Communications Code (EECC); the new Critical Entities Resilience Directive (CER); the Digital Operational Resilience Act (DORA); and national measures stemming from the 5G Security Toolbox. Additionally, data privacy legislation such as the General Data Protection Regulation (GDPR) and the ePrivacy Directive demands further incident notifications in case of a data breach. These regulations affect the telecoms industry all at once. Therefore, consistent, and harmonized application of this layered security rulebook is paramount.
As stated in NIS2, to avoid unnecessary disruption, existing national guidelines adopted for the transposition of the rules related to security measures laid down in Articles 40 and 41 of the EECC should be considered. If the Commission were to adopt further implementing acts in the future, we would encourage the Commission to perform a thorough gap analysis and to build on its established corpus of legal requirements and practices, including the ENISA Guidelines on Security Measures and Incident Reporting under the EECC, which we understand are being updated considering the draft implementing acts.
Regarding the draft implementing regulation, we understand that it is strictly addressed to categories of digital infrastructure, digital and ICT service management providers whose operations have a cross-border dimension. However, telecommunications operators typically also serve as cloud computing providers and often include CDN, DNS, and managed services as part of their portfolios. If telcos were to be subject to differing principles regarding the applicability of rules, thresholds, and requirements for incident reporting and risk management depending on which asset or service is affected, this could result in overlapping and incoherent rules, causing both additional legal and operational uncertainty and costs.
The implementing regulation should therefore clearly specify how it applies to those entities whose core business is different from the provision of the services encompassed in the act, but which also provide these services as part of their portfolio. The act should help avoid duplication, support coherence, and prevent fragmentation through differing national cybersecurity policies.
Below, we present some general remarks on the draft implementing act, along with specific comments on the text of the draft regulation and its annex. However, due to the short timeframe and the highly detailed and technical nature of the document, it cannot be considered a comprehensive assessment.
We elaborate on our recommendations in the paper. For questions and clarifications regarding this feedback, please contact Paolo Grassia (grassia@etno.eu), Director of Public Policy at ETNO.
25 July, 2024 Read more -
Position papers
ETNO-GSMA contribution to BEREC Report on Cloud and Edge Computing Services
Cloud and edge services are at the core of the transformation that our sector is undergoing: telecoms operators are turning their networks into platforms for innovation by embracing disaggregated and cloud native architectures, high automation (e.g. based on AI/ML), programmability, and the development of new network as a service (NaaS) applications. As ETNO and the GSMA, we have outlined our vision for telecom transformation in our contribution to the European Commission’s consultation on the future of the electronic communications sector and its infrastructure, which is clearly reflected in the Commission’s White Paper “How to master Europe’s digital infrastructure needs?”1.
23 May, 2024 Read more -
Position papers
ETNO Position Paper on 6G
The European Union has set ambitious Digital Decade targets for 2030, among them the objective to cover all populated areas with wireless high-speed networks of at least 5G performance. Societies increasingly rely on high-speed mobile and broadband connections. We expect Europe’s mobile data consumption per user to continue growing in the coming years with an annual growth rate of 25% . Mobile connectivity has a key role to play in attaining digital inclusion for all European citizens and businesses and enabling the twin digital and green transition.
29 April, 2024 Read more -
Position papers
ECTA, ETNO & GSMA Joint Statement on the European Parliament proposals to payment services regulation after the plenary vote
Today, the European Parliament voted on a report proposing amendments to the European Commission’s proposal for a revised Payment Services Regulation.
The European telecommunications industry recognises the importance of revising payment service rules to improve consumer protection in electronic payments . We are keen to work closely with the banking sector to fight against impersonation fraud.
Therefore, we call policymakers to find a proportionate and workable solution by deepening cooperation between the two sectors without changing the liability regime.
To be effective in fighting impersonation fraud and safeguarding consumers the final text should strike the right balance and ensure that any additional obligations on telecommunications providers are aligned with what is legally and technically feasible.
23 April, 2024 Read more -
Position papers
ETNO-GSMA position on impersonation fraud in Payment Services Regulation
The GSMA and ETNO strongly encourage policymakers to reconsider their approach to increasing liability for electronic communications services (ECS) providers in cases of impersonation fraud.
Imposing liability on ECS providers will move responsibility of repayment to the victims of fraud, rather than helping to combat fraud from happening. The financial services sector has the direct consumer contact, designs the financial products, and they should and can setup sufficient safeguards when they do so. Telecoms operators provide access to the free and open internet. Our products, including text messages and numbering are widely known and are not designed to cater to the need of the financial sector specifically. If the telecoms sector is to be made financially liable, then it will have to change the way internet access and communication services are provided and setup strict safeguards for the use of text messages to the severe detriment of both the consumers and the financial sector.
Telecoms operators have seen the most effective solutions come from bilateral cooperation with the financial services sector and would encourage policymakers to combat fraud by working with industry to facilitate and encourage this cooperation. The Payment Services Regulation should focus on the cooperation as a solution to combat fraud.
Telecoms operators value consumer trust and are invested in combatting ’spoofing’ fraud. Members of the GSMA and ETNO are already implementing anti-spoofing and wider anti-fraud solutions on a voluntary basis, which have already proven their effectiveness. However, there are obstructions, both technical and legal, to implementing EU-wide measures - obstructions which can vary in different member states where different legislation applies. These would prevent telecoms operators from complying with proposed measures in the Payment Services Regulation, so removing regulatory obstructions must be a first step in a challenging process.
We elaborate on our reflections in the paper.
14 March, 2024 Read more -
Position papers
ETNO position paper on EU guidelines on exclusionary abuses by dominant undertakings
With a view to the European Commission’s soon to be expected publication of the draft guidelines for the enforcement of Article 102 TFEU and the prohibition of exclusionary abuses by dominant undertakings, ETNO would like to provide some insights regarding its competitive experience on the telecoms market.20 February, 2024 Read more -
Position papers
ETNO reflection paper on submarine communication cables
The European Union’s dependence on submarine communication cables has emerged as a significant concern for Europe’s security, resilience, and sovereignty, a vulnerability underscored by notable incidents involving the Nord Stream undersea gas pipeline in 2022 and undersea cables connecting Estonia and Finland in October 2023.
As the European Commission prepares to release a connectivity package detailing a fresh strategy for its telecom sector and internet infrastructure, including a Recommendation to strengthen coordination among Member States in the deployment, security, and governance of crucial cable connections, ETNO aims to offer its perspective on augmenting the resilience and security of the Union’s submarine cable infrastructure.
We elaborate on our reflections in the paper. For questions and clarifications regarding this position paper, please contact Paolo Grassia (grassia@etno.eu), Director of Public Policy at ETNO.
1 February, 2024 Read more -
Position papers
ETNO comments to the European Commission’s Draft Implementing Regulation laying down templates concerning the transparency reporting obligations of providers of intermediary services and of providers of online platforms under Regulation (EU) 2022/206
ETNO welcomes this opportunity to provide comments to the European Commission’s draft Implementing Regulation laying down templates concerning the transparency reporting obligations of providers of intermediary services and of providers of online platforms under the ‘Digital Services Act’ (DSA).
In general, ETNO believes that the number of variables included in the annex I template should be strictly limited to the DSA obligations pursuant to articles 15(1), 24(1) and 42(2) in order to reduce to the administrative burden for providers. Obligations extend to ETNO members, who do not have neither ability nor the legal right to see the content of communications and therefore to moderate content for the vast majority of the services they provide. Many ETNO members also already publish transparency reports on relevant efforts (e.g. blocking of websites done on the basis of EU and national laws). Detailed regulation of how companies should report implies changes in systems and processes, without tangible benefits in terms of transparency.
We elaborate on our comments in the document For questions and clarifications regarding this feedback, please contact Xhoana SHEHU, Policy Manager at ETNO (shehu@etno.eu).
25 January, 2024 Read more -
Position papers
ETNO-GSMA comments on EDPB Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive
The protection of customer privacy and the confidentiality of their communications is at the core of the services offered by telecom operators. While these rules establish the foundation for delivering secure, trusted telecommunications services in Europe, they must also provide a degree of flexibility to enable European telcos to use data to improve customer experience, bring societal benefits, and, in general, keep pace with innovation and competition.
Now that the General Data Protection Regulation (GDPR) has been in force for over seven years, a significant body of experience and jurisprudence has developed regarding its application. It is crucial that the e-Privacy rules align with the GDPR, enabling the European industry to remain competitive in the growing field of data analytics and take a leadership role in responsible artificial intelligence.
ETNO and the GSMA regret that the old e-Privacy Directive (ePD) has become untenable in light of and legal and technological developments that have occurred over the past decade. A series of EU regulations governing the use of personal and non-personal data, such as the Data Act, Data Governance Act, Digital Markets Act, and the soon-to-come Artificial Intelligence Act, have been added to the GDPR. Together, they form a richer framework that combines data privacy with the promotion of competitiveness and innovation. The ePD no longer fits this evolving regulatory landscape.
We elaborate on our recommendations in the paper. For questions and clarifications regarding this feedback, please contact Paolo Grassia (grassia@etno.eu), Director of Public Policy at ETNO
19 January, 2024 Read more -
Position papers
ETNO comments to the RSPG Draft Work Programme for 2024
The European Telecommunication Network Operators' Association (ETNO) welcomes the opportunity to provide feedback to the Radio Spectrum Policy Group (RSPG) Draft Work Programme 2024.
14 December, 2023 Read more - load more
