EU net neutrality draft guidelines split the crowd—public told to wade in | Ars Technica UK: "BEREC’s advice is to take a case-by-case approach. But digital rights activist Thomas Lohninger of AK Vorrat Austria claimed the plan “reeks of compromise, and leaves everyone worse off—except perhaps litigation lawyers.”
The watchdog added that certain practices, such as when a user reaches their data cap and all apps are blocked except zero-rated applications, were prohibited.
But BEREC said that other cases were less clear. The body has advised national regulators to ask whether the practices circumvent the general aims of the regulation and to take into account market position, and end-user rights including the freedom of expression.
Jurisdictions such as India and the Netherlands have outlawed zero-rating completely.
A potential clash with Dutch rules banning zero-rating was highlighted by BEREC vice-chair, Henk Don, who represents the country's consumer rights' regulator ACM. He said that it would continue to enforce Dutch law, but that it was for "judges to decide."
Don added: “Our minister believes it is in line with the regulation and we will enforce that law when we find infringements,” before saying that any decision was likely to face a legal appeal." 'via Blog this'