Eleni Kosta is an Associate Professor of Technology Regulation at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg Law School, The Netherlands. For correspondence: <mailto:e.kosta@tilburguniversity.edu>. The author would like to thank Ms Claudia Quelle for her assistance in the translation of the provisions of the Dutch Telecommunications Act and her very useful feedback, as well as Frederik Zuiderveen Borghesius, Walter van Holst and Mark Cole for their invaluable comments. Any omissions or mistakes remain the author’s alone.