Digital Networks Act Proposal Fails to Reflect the Internet's Layered Architecture

On April 22, 2026, Netnod submitted its comments to the Ministry of Finance (Finansdepartementet) regarding the Swedish comment round for the proposal for a Regulation on Digital Networks (DNA), KOM (2026) 16. 

Netnod's core assessment is that a fundamental challenge in the DNA proposal stems from the definitions in Articles 1 and 2. These definitions treat the Internet as a uniform, vertical system, which contradicts its actual architecture as a layered, distributed "network of networks" where responsibility is fragmented among independent actors.

By disregarding this layered structure, the proposal frames regulatory requirements without a clear link to the specific actor that holds technical control over a function. This modeling error negatively impacts the application of the proposal, for instance, in Article 9(4), where requirements for resilience and preparedness are vaguely placed on providers "as applicable," demonstrating a disconnect between function and accountability.

Furthermore, the lack of alignment between the DNA, the NIS2 Directive, and national security legislation creates suboptimal conditions for resilience. While the DNA clearly emphasizes market efficiency, it fails to differentiate between overall market efficiency and the market success of individual actors.

The proposal does not provide clear guidelines on how to secure national security interests, such as ensuring significant overcapacity in certain layers (like dark fiber), which is a complex issue where individual market interests may conflict with the public need for resilience.

Netnod therefore recommends that the definitions in Articles 1 and 2 be revised to reflect the Internet's layered nature. Future regulation should shift focus to verifiable functional requirements rather than administrative processes, ensuring that obligations are tied directly to the specific function and control an actor actually exercises.