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Services like WhatsApp will soon fall under new telecommunications rules as the European Union expands its regulatory scope to include over-the-top (OTT) applications and other web-based communication services. These changes aim to clarify how internet calling and messaging services should operate within the EU’s telecom framework.
Under the proposed rules, affected services must meet a series of security and privacy requirements. Providers will be required to respond to lawful requests from security agencies in defined ways, and they will face clearer obligations regarding the handling and protection of customer data. The intent is to raise minimum standards across services that offer voice and messaging functionality over the internet.
Any service that enables users to call a traditional phone number online will be covered by the new measures. By contrast, purely app-to-app communications that do not connect to telephone numbers—such as Skype-to-Skype calls—will not be forced to change how they operate. This distinction addresses a long-standing complaint within the industry about uneven regulatory obligations between different types of providers.
Large incumbent telecom operators, including Spain’s Telefónica and France’s Orange, have long argued that major internet companies such as Google, Microsoft and Facebook have benefited from lighter regulatory oversight, allowing them to innovate with fewer constraints. The expansion of rules to include OTT services is, in part, a response to this perceived imbalance.
Some EU member states have pushed to reduce regulatory burden on digital services—most notably the United Kingdom. However, with the UK set to leave the EU, its influence within Brussels will diminish, making it more feasible for EU institutions to adopt broader regulations affecting internet communications.
Many EU commissioners have argued that OTT services that deliver calls and messages over the internet effectively perform the same functions as traditional telecom operators and therefore should be subject to comparable regulatory requirements. Proponents say this ensures fair competition, consistent consumer protections and reliable security procedures across all providers of real-time communication.
Some countries may move faster than the EU-wide process. For example, France may act on a national level: French telecoms regulator Arcep is expected to decide in September whether to require services such as Google, Viber and Skype to register as telecom providers. National-level actions could lead the way for broader adoption across the bloc.
The full set of proposals is scheduled to be unveiled in mid-September and is likely to trigger intense debate among regulators, operators and tech companies. Key issues under discussion include how to balance security and privacy, how to define the scope of telecom obligations for internet services, and how to ensure fair competition without stifling innovation.
What are your thoughts on subjecting OTT services to telecoms regulations? Let us know in the comments.