Our digital landscape: How do the Online Safety Bill and the EU’s Digital Services Act impact your UK business?

As our digital landscape evolves, legal rules have also increased to protect individuals from harm. The UK's Online Safety Act and the EU’s Digital Services Act are new laws set to significantly impact how businesses operate online.

How does the Online Safety Act impact my business?

The Online Safety Act (OSA) is a UK law that imposes a specific duty of care on online service providers regarding user safety, with a particular focus on protecting children. This legislation complements the EU DSA but applies specifically to the UK market.

This law imposes illegal content and child safety obligations on some online service providers. Ofcom, the UK's communications regulator, has outlined a timeline for OSA implementation.

My UK business provides online services in the EU. How does the DSA impact me?

The EU Digital Services Act covers a wide range of online services. UK businesses operating in the EU, including social media platforms, e-commerce sites, and content-sharing platforms, may fall under its scope. Even if your company is based in the UK, you'll need to comply with the DSA's requirements to continue serving EU customers. This legislation applies to services offered within the EU, regardless of the provider's location, making compliance essential for maintaining access to the European market.

The European Commission's investigation into Meta for potential breaches of the DSA highlights the importance of compliance with this law. Meta is being investigated around its protection of minors, including its age-verification tools and privacy measures. The UK Information Commissioner’s Office commented on Meta, emphasising that they will continue to monitor major developers of generative AI and review safeguards in place to ensure the protection of UK users.

Despite the focus on Meta’s enforcement, the DSA is not just about child safety but also covers rules on operational processes around content notifications and complaints, terms and conditions and reporting requirements. Businesses should proactively review their compliance strategies to ensure they address the full scope of the DSA, not just child safety rules.

What steps should your business take to comply?

With the DSA already in force, businesses must determine whether they fall within its scope and comply with its rules accordingly. The OSA adopts a proactive approach and service providers will be required to carry out various risk assessments to ensure they have appropriate operational systems in place to protect users and others.

As a business, you should take immediate steps to understand the DSA and OSA and the extent to which their rules apply to your operations. Whilst the Meta story focuses on child safety, note that these new rules extend beyond just child safety online and compliance could be challenging.

If you require support, contact our data protection legal experts team for compliance advice tailored to your business.