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The UK’s Online Safety Act (OSA) is a landmark law that will require companies to make online services “safe by design” for all individuals, with a particularly high standard of protection required for children. The OSA was enacted in 2023, and its obligations will come into force in phases throughout 2025 and 2026. This blog post explains how the law will be brought into force, and what companies can do to prepare.Continue Reading Preparing for the UK’s New Online Safety Regime: Timeline and Key Phases

In October 2024, the UK government introduced the Data (Use and Access) Bill (the Data Bill) to Parliament. The Data Bill represents a third attempt by UK ministers to bring about reforms to the UK’s data protection and ePrivacy regimes. If enacted, the Data Bill will introduce changes to the existing regime, including by reducing restrictions on automated decision-making and enhancing powers for the UK’s privacy regulator. It will also lay the groundwork for new “Smart Data” schemes, which will in future require companies operating in certain industries to share data with authorized and regulated third parties.Continue Reading UK Brings Forward Bill to Reform UK Privacy Laws

On April 3, 2024, the UK Information Commissioner’s Office (ICO) released a statement setting out its priorities for protecting children’s privacy online. The priorities reflect the ICO’s strategy for the next phase of implementing its Children’s code of practice (also known as the “AADC”) and signal a focus by the regulator on the operations of social media and video-sharing platforms (platforms). The ICO will look at platforms’ default settings for children’s profiles, recommender systems and how they obtain consent to the processing of children’s data. The statement also indicates that the ICO will conduct audits of EdTech providers to identify privacy risks and potential noncompliance with applicable legislation.Continue Reading UK Privacy Regulator Details Next Stages of Its Strategy to Protect Children Online

On February 28, 2024, the UK’s Information Commissioner (commissioner) confirmed that the regulator’s focus areas in 2024 will include artificial intelligence (AI), cookies, biometrics, and children’s privacy.Continue Reading UK Privacy Regulator to Focus on AI, Cookies, Biometrics, and Children’s Privacy, and Consult on “Consent or Pay” Models

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK. Online platforms and search services that fall within the scope of the legislation will be subject to proactive content risk assessment and mitigation duties oriented at protecting users, regardless of where those services are established. The Bill has attracted considerable media attention due to its anticipated impact on the operation of online services in the UK, as well as the potential for it to interfere with freedom of speech.Continue Reading Flagship Online Safety Bill Moves Closer to Enactment in the UK: Who Will Be in Scope and What Will It Require?

On August 9, 2023, the UK’s Information Commissioner’s Office (ICO) and Competition and Markets Authority (CMA) released a joint position paper (the Paper) focused on “harmful” website design practices that may “trick” consumers into giving more access to their personal information. The Paper is targeted at web designers and developers, and it will be particularly relevant to consumer-facing organizations that target the UK market. It builds on joint work that the ICO and CMA have been engaged in since May 2021, when the regulators issued a joint statement promising a “joined up approach to regulation.” Announcing the Paper’s release, the ICO also revealed that it will be assessing cookie banners of the most frequently used websites in the UK, with a view to taking action against harmful designs.Continue Reading UK Regulators Signal Increased Focus on “Damaging” Website Design Practices