Digital Regulation timeline 2024

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UK AND EU DEVELOPMENTS

Our helpful timeline to keep you updated on all the latest digital regulatory developments across the UK and the EU

Horizon scanning: DIGITAL REGULATION

On 22 November 2022, the CMA announced the launch of a market investigation into competition in the UK's mobile browser and cloud gaming markets, following the market study undertaken by the CMA where the CMA concluded that Apple and Google's effective duopoly on mobile ecosystems allowed them to exercise significant control over operating systems, apps and web browsers on mobile devices. The CMA further published an issues statement on 13 December 2022 which explores theories of harm potentially affecting competition within these markets. The deadline for responses to the issues statement is 17 January 2023, and it can be read in full here. The final report is expected to be published in Q1 2024.

CMA to publish final report in mobile browser and cloud gaming market investigation

UK - Q1 2024

In July 2020, the Government announced that it would introduce a 9pm TV watershed for high fat, salt or sugar (HFSS) products and a total ban on paid-for online adverts for HFSS products (including on-demand programme services). The HFSS advertising restrictions, which will come into effect via the Health and Care Bill, were originally due to come into force in January 2023, but were subsequently postponed to January 2024. A further postponement which was announced by the Government on 9 December 2022 means the restrictions are now due to come into effect from 1 October 2025.

More robust advertising restrictions on HFSS products introduced by the Government to come into force

UK - 1 October 2025

Deadline for gatekeepers to submit compliance report under DMA

Companies that believed them themselves to be gatekeepers upon self-assessment had until the 3 July 2023 to declare themselves to the Commission. By 6 September 2023, the Commission will designate gatekeepers and, following designation, every gatekeeper will have up to six months – the latest date being the 6 March 2024 – to complete a compliance report.

EU - 6 March 2024

The Digital Markets, Competition and Consumers Bill

The Digital Markets, Competition and Consumers Bill (the "Bill") was introduced before parliament on 25 April 2023. In addition to protecting consumer rights, the Bill will provide regulation of competition in digital markets, amending both the Competition Act 1998 and the Enterprise Act 2002. On 18 May 2023, the House of Commons Public Bill Committee issued a call for evidence on the Bill, to which the CMA responded (see here). Following this, on 11 July 2023, some minor amendments were made to the Bill, including to: (i) limit CMA powers of access (when exercising digital markets functions) to premises, equipment or individuals inside the UK; and (ii) expand the scope of "commercial practices" to cover acts of traders/marketplaces facilitating C2C sales (see the amended Bill here). The Bill will resume progress in the next session of Parliament, which is due to start on 4 September 2023. It is expected that the Bill will come into force in 2024.

Deadline for implementation of all measures under DSA

Further to the implementation of compliance measures for 'very large online platforms' ("VLOPs") and 'very large online search engines' ("VLOSEs") under the Digital Services Act ("DSA"), the deadline for implementation of the DSA for all other regulated entities falls on 17 February 2024. Online intermediaries and platforms (including online marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms, not only based in the EU but also which offer services within the EU). EU Member states will also have to appoint Digital Service Coordinators by 17 February 2024 to allow for the supervision and enforcement of the DSA.

EU - 17 FEBRUARY 2024

The implementation period for the UK Department for Science, Innovation & Technology ("DSIT")'s voluntary Code of Practice for app store operators, app developers and platform operators (the "Code") ends in June 2024, following a nine-month extension. The Code, first published in December 2022 and further amended on 13 October 2023 (see announcement here), encourages the implementation of eight principles (by app store operators, app developers and/or platform developers as indicated by the Code in respect of each principle).

Extended deadline for implementation of voluntary code of practice for apps and app stores

UK - JUNE 2024

King's Speech – Future of Tech Regulation

The first King's Speech under the new government revealed Labour's plans for tech regulation. While the Digital Information and Smart Data Bill mops up some of the elements of previous UK data protection reform efforts under the last government and a new Cyber Security and Resilience Bill comes to the fore, there was surprisingly no mention of the much-hyped AI bill (see our blog post here, for more information).

The release of the draft Regulatory Technical Standards (“RTS”) on subcontracting on 26 July 2024 marked the final publication of regulatory products under the Digital Operational Resilience Act (“DORA”) by the Joint Committee of the European Supervisory Authorities (“ESAs”). Following the adoption of the first batch of RTS earlier this year, the second batch of RTS published on 17 July 2024 (along with the subcontracting RTS on 26 July 2024) are to be reviewed and adopted by the European Commission. Financial entities and ICT third-party service providers will need to comply with DORA and the RTS provisions from 17 January 2025.

ESAs finalise release of RTS under DORA

EU - 26 July 2024

Right to Repair Directive comes into force

After being published in the EU Official Journal on 10 July 2024, the directive on common rules promoting the repair of goods (“Right to Repair Directive”), came into force on 30 July 2024. The Right to Repair Directive requires manufacturers to provide “timely and cost-effective repair services and inform customers about their rights to repair”, extends legal warranty rules under the Sale of Goods Directive, and prohibits manufacturers from using any “contractual clauses, hardware or software techniques” to impede the repair of certain products set out in Annex II (e.g. household appliances and mobile phones).

Following from its 2023 report on digital assets and February 2024 consultation (“Consultation”), the Law Commission has published its supplemental report, draft bill, and consultation responses. The draft bill released with the Consultation confirmed the existence of a third category of personal property for digital assets such as crypto-tokens. The Law Commission noted in its press release that the substance of the draft has not changed since the Consultation.

Law commission report and draft bill on digital assets as personal property

UK - 30 JULY 2024

European Commission publishes policy brief on competition in generative AI and virtual worlds

The European Commission published a policy brief ("Policy Brief") on competition in generative artificial intelligence ("AI") and virtual worlds. This follows extensive research by the European Commission, including one follow-up workshop to the calls for contribution, stakeholder interviews, and market investigations. Key areas of the Policy Brief include the development of more efficient and smaller models and the potential barriers to entry for smaller players in the market, such as the availability of data and highly skilled labour. The Policy Brief also suggests alternative metrics for assessing market power (rather than the traditionally used 'revenue stream' metric) and outlines key theories of harm. Similar concerns are addressed in relation to virtual worlds, with an additional focus on ‘kill zones’, where dominant ecosystems may stifle competition. Although not legally binding, the policy brief provides valuable guidance for companies in these sectors.

The European Commission launched a targeted consultation on the application and impact of artificial intelligence (AI) in the financial sector, and its relation to the EU AI Act. The deadline for response is 13 September 2024 and responses are particularly invited from financial firms that provide or use AI systems. Workshops are also planned for stakeholders to discuss projects and latest developments, the findings of which will help inform the report on the use of AI in financial services. This follows the FCA’s AI Update in April 2024, which sets out the UK's approach to the safe and responsible use of AI in UK financial markets.

Deadline for EU Commission consultation on AI in financial services industry

EU - 13 September 2024

Deadline for responding to BoE discussion paper on innovation in money and payments

The Bank of England (“BoE”) published a discussion paper outlining its proposed approach to innovation in money and payments, particularly focusing on Distributed Ledger Technology. The paper sets out the authority's future approach to these innovations, including testing designs of wholesale central bank digital currency and synchronisation, and seeking a retail payments landscape that maintains the singleness of money. The BoE is seeking views on its approach, with deadline for responses set for 31 October 2024.

Ofcom has proposed renewing the co-regulatory arrangements for the regulation of broadcast, on-demand programme service (“ODPS”) and video-sharing platform (“VSP”) advertising regulation for a period of ten years (see press release here). The public consultation closed on 19 July 2024, and Ofcom plans to publish their decision in Autumn 2024. The proposed amendments are intended primarily to update the documentation to reflect current and established practice and legislation, as opposed to making substantive changes.

Ofcom to update co-regulatory arrangements for broadcast, ODPS and VSP advertising

UK - Q4 2024

'Digital Markets regime' of DMCC Act 2024 to come into force

The Digital Markets, Communications and Consumers Act 2024 (“DMCC Act”) received Royal Assent in May 2024, and the CMA remains committed to launching the “digital markets regime” of the DMCC Act in Autumn 2024. The consumer aspects of the DMCC Act, which revoke the Consumer Protection from Unfair Trading Regulations 2008, prohibit new unfair commercial practices, and provide increased enforcement powers for the CMA, are likely to come into force in early 2025. On 25 June 2024, the ASA announced that it is now updating its Advertising Codes to reflect changes in definitions and additions introduced by the DMCC Act.

Financial entities operating in the EU will be required to comply with the Digital Operational Resilience Act (“DORA”). DORA extends the requirements on contracts for ICT services in existing regulatory frameworks like the European Banking Authority guidelines on outsourcing.

DORA to apply

EU - 17 January 2025

EU AI Act – Prohibition of AI systems with Unacceptable Risks

The prohibition on AI systems that pose “unacceptable risks” to health, safety, and fundamental rights will be banned from 2 February 2025. These include AI used for cognitive behavioural manipulation, emotion recognition in the workplace and educational institutions, and social scoring. The majority of the remaining rules will start applying on 2 August 2026 (see our blog post here, for more information).

EU AI Act – GPAI obligations come into force

Requirements in relation to general purpose AI models (“GPAI”) (i.e. AI models that can be used for a variety of different tasks / applications, including foundation models, such as GPT-4) will come into force on 2 August 2025. These include transparency and technical documentation requirements on all GPAIs, as well as additional obligations on GPAIs posing a “systemic risk” (e.g. model evaluation, assessment and mitigation of systemic risks). All providers of GPAIs must also put in place a policy to comply with EU copyright law, in particular, concerning copyright holders' reservation of rights. The majority of the remaining rules will start applying on 2 August 2026 (see our blog post here, for more information).

Implementation Deadline of Right to Repair Directive by Member States

The main provisions of the Right to Repair Directive, which came into force on 30 July 2024, must be implemented by 31 July 2026. The Directive extends existing obligations in relation to products which were non-conformant at the time of purchase, and prohibits manufacturers from using any “contractual clauses, hardware or software techniques” to impede the repair of certain products set out in Annex II (e.g. household appliances and mobile phones). Customers will also be able to find repairers through the European Commission’s new online European Repair Platform (Member States’ national online platforms) by 31 July 2027.

EU AI Act – rules on High-Risk AI come into force

Requirements for high-risk AI systems, including obligations relating to datasets and data governance, documentation and record keeping, human oversight, robustness, accuracy and security, as well as conformity assessment for demonstrating compliance, are due to come into force on 2 August 2026. The majority of other rules under the EU AI Act, including obligations for the limited risk AI categories and transparency rules will also come into force on this date (see our blog post here, for more information).

The Law Commission's consultation paper on the law around autonomous flight, requested by the Civil Aviation Authority and Department for Transport, closed on 28 June 2024. The goal of the consultation is to gather sufficient information to allow the Law Commission to advise on reforms which will enable autonomous and remotely piloted vehicles to operate safely and lawfully, with mechanisms for attributing criminal and civil liability. This consultation paper will be followed by a second consultation paper in late 2024, followed by a final report in 2025.

Law Commission to publish final report on self-flying and remotely piloted aircraft

UK - 2025

The consultation period for the ICO’s fourth and final consultation on generative AI and data protection closed on 10 June 2024. This final consultation focused on data subject rights including in relation to training and fine-tuning processes of generative AI. The ICO has released four draft chapters outlining its emerging thinking and interpretation of how the specific requirements of UK GDPR and Part 2 of the DPA 2018 interact with the development and deployment of generative AI.

ICO concludes consultation series on generative AI and data protection

UK - 10 JUNE 2024

Product Safety and Metrology Bill

The Product Safety and Metrology Bill, announced in the King's Speech on 17 July 2024, aims to address areas of AI, lithium fires, and online marketplaces. Some degree of alignment with the General Product Safety Regulation (effective in EU on 13 December 2024) is expected, given it contains a chapter on online marketplace responsibility, but what is less clear is whether the bill will aim to reflect the upcoming AI Liability Directive and the Revised Product Liability Directive.

On 4 September 2024, the European Central Bank (ECB) published a speech given by Frank Elderson, ECB Executive Board Member and Supervisory Board Vice-Chair at the joint European Banking Authority and ECB international conference on “Addressing supervisory challenges through enhanced collaboration”, on the operational resilience of banks. The speech had particular focus on challenges posed by cyber-attacks, climate-related risks, and reliance on non-bank financial institutions. The speech recognised operational resilience as a supervisory priority globally, which has been reflected by regulatory initiatives such as the Basel Core Principles and the Digital Operational Resilience Act (DORA). The speech also discussed the challenges posed the use of cloud services in the financial sector and stressed the importance of coordination among supervisory authorities. The ECB has released a draft guide for banks on outsourcing cloud services, which provides good practices to mitigate cloud outsourcing risk. The concluding remarks noted the need for ongoing investment in operational resilience, including upgrading IT infrastructure, ensuring business continuity plans are in place, and investing in human capital.

Operational Resilience in Banking

UK - 4 September 2024

The Property (Digital Assets etc) Bill (the “Bill”) was introduced into Parliament on 11 September 2024. This Bill confirms the common law position that certain digital assets can constitute property by establishing a third category of personal property. This new category includes crypto-tokens and other similar digital or electronic assets that can attract personal property rights. The creation of this third category is necessary because assets like crypto-tokens do not fit neatly within traditional categories of personal property – they are neither physical assets nor rights-based assets like debts and financial securities. The Bill addresses an important gap in the market, as some digital assets are already being treated like property by consumers and other market participants. Additionally, case law has begun to recognise these types of assets as personal property. It is expected that the Bill will come into force two months after it has been passed.

Property (Digital Assets etc) Bill introduced into Parliament

UK - 11 September 2024

EU AI Act comes into force

The EU AI Act, which is EU's comprehensive functional risk-based approach to regulating AI, came into force on 1 August 2024. AI systems deemed to have "unacceptable" risks will be banned from 2 February 2025. As part of its work to implement the EU AI Act, the European AI Office also launched a call of expressions of interest to participate in the preparation of the code of practice for general purpose AI models (“GPAI”), with the final code expected to be released in April 2025, ahead of the EU AI Act’s GPAI rules coming into force on 2 August 2025. The majority of the remaining rules will start applying on 2 August 2026 (see our blog post here, for more information).

On 30 September 2024, the Bank of England (BoE) and the Financial Conduct Authority (FCA) confirmed their approach to implementing and operating the Digital Securities Sandbox (DSS) in a published joint policy statement. The statement provides feedback on the responses received for the Digital Securities Sandbox consultation paper. The DSS is the first Financial Market Infrastructure (FMI) sandbox established under the powers conferred on HM Treasury by the Financial Services and Markets Act 2023. It allows firms to experiment with developing technologies, such as distributed ledger technology within a modified legal and regulatory framework. However, digital securities depositories (DSDs) within the DSS are not subject to the same standards and requirements as traditional central securities depositories (CSDs); users of DSDs should be aware of the differences in risk and level of protection. The Bank of England will supervise DSDs to manage risks associated with financial stability and cyber contagion. While the DSS is a temporary regime, the regulators and HM Treasury aim to establish a permanent regime through secondary legislation after reporting to Parliament.

BoE and FCA confirm approach to Digital Securities Sandbox

UK - 30 September 2024

On 18 September 2024, the UK Competition and Markets Authority ("CMA") published a guide designed to help businesses in the fashion industry comply with consumer protection laws when making environmental claims. This follows on from the publication of the CMA's "Green Claims Code" in 2021, which sets out more broadly the principles that businesses should comply with when making green claims. The CMA guidance for fashion applies throughout the fashion sector (including retailers, manufacturers and distributors) and contains practical tips and illustrations for brands which make environmental claims about clothing, footwear, fashion accessories and related services (e.g. packaging, delivery and returns).The compliance guide can be found here.

CMA Publishes Compliance Guide for Green Claims in Fashion Sector

UK - September 2024

In October 2024, the UK's Department of Science, Innovation and Technology announced that the Cyber Security and Resilience Bill (the "Bill") will be introduced to Parliament in 2025. This Bill, which was initially announced in the King's Speech in July 2024, aims to improve UK cyber defences, and protect essential public services. This Bill has been introduced in response to the increasing number of cyber-attacks and to update cyber-security regulations to ensure that the digital economy is sufficiently protected. Whilst a draft of the Bill has not been published, the Government has indicated that the Bill will expand the Network and Information Systems Regulations 2018, strengthen regulators, and increase reporting requirements. The Bill will apply to the entire UK and the Government is seeking input from stakeholders to shape its content. The Bill could become law by early 2026, depending on when it is introduced to Parliament.

Cyber Security and Resilience Bill to be introduced to Parliament in 2025

UK - october 2024

On 22 November 2022, the CMA announced the launch of a market investigation into competition in the UK's mobile browser and cloud gaming markets, following the market study undertaken by the CMA where the CMA concluded that Apple and Google's effective duopoly on mobile ecosystems allowed them to exercise significant control over operating systems, apps and web browsers on mobile devices. The CMA further published an issues statement on 13 December 2022 which explores theories of harm potentially affecting competition within these markets. The deadline for responses to the issues statement is 17 January 2023, and it can be read in full here. The final report is expected to be published in Q1 2024.

CMA to publish final report in mobile browser and cloud gaming market investigation

UK - Q1 2024

Deadline for implementation of all measures under DSA

Further to the implementation of compliance measures for 'very large online platforms' ("VLOPs") and 'very large online search engines' ("VLOSEs") under the Digital Services Act ("DSA"), the deadline for implementation of the DSA for all other regulated entities falls on 17 February 2024. Online intermediaries and platforms (including online marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms, not only based in the EU but also which offer services within the EU). EU Member states will also have to appoint Digital Service Coordinators by 17 February 2024 to allow for the supervision and enforcement of the DSA.

EU - 17 FEBRUARY 2024

The Digital Markets, Competition and Consumers Bill

The Digital Markets, Competition and Consumers Bill (the "Bill") was introduced before parliament on 25 April 2023. In addition to protecting consumer rights, the Bill will provide regulation of competition in digital markets, amending both the Competition Act 1998 and the Enterprise Act 2002. On 18 May 2023, the House of Commons Public Bill Committee issued a call for evidence on the Bill, to which the CMA responded (see here). Following this, on 11 July 2023, some minor amendments were made to the Bill, including to: (i) limit CMA powers of access (when exercising digital markets functions) to premises, equipment or individuals inside the UK; and (ii) expand the scope of "commercial practices" to cover acts of traders/marketplaces facilitating C2C sales (see the amended Bill here). The Bill will resume progress in the next session of Parliament, which is due to start on 4 September 2023. It is expected that the Bill will come into force in 2024.

Deadline for gatekeepers to submit compliance report under DMA

Companies that believed them themselves to be gatekeepers upon self-assessment had until the 3 July 2023 to declare themselves to the Commission. By 6 September 2023, the Commission will designate gatekeepers and, following designation, every gatekeeper will have up to six months – the latest date being the 6 March 2024 – to complete a compliance report.

EU - 6 March 2024

The implementation period for the UK Department for Science, Innovation & Technology ("DSIT")'s voluntary Code of Practice for app store operators, app developers and platform operators (the "Code") ends in June 2024, following a nine-month extension. The Code, first published in December 2022 and further amended on 13 October 2023 (see announcement here), encourages the implementation of eight principles (by app store operators, app developers and/or platform developers as indicated by the Code in respect of each principle).

Extended deadline for implementation of voluntary code of practice for apps and app stores

UK - JUNE 2024

In July 2020, the Government announced that it would introduce a 9pm TV watershed for high fat, salt or sugar (HFSS) products and a total ban on paid-for online adverts for HFSS products (including on-demand programme services). The HFSS advertising restrictions, which will come into effect via the Health and Care Bill, were originally due to come into force in January 2023, but were subsequently postponed to January 2024. A further postponement which was announced by the Government on 9 December 2022 means the restrictions are now due to come into effect from 1 October 2025.

More robust advertising restrictions on HFSS products introduced by the Government to come into force

UK - 1 October 2025

EU Commission closes feedback to draft implementing regulation for Digital Services Act

On 16 March 2023, the EU Commission closed feedback to the draft implementing regulation for proceedings under the Digital Services Act (''DSA'') (which can be read in full here). The draft regulations were published on 16 February 2023 and apply to investigations and proceedings against Very Large Online Platforms and Very Large Online Search Engines. The draft concerns (i) the powers of the Commission to conduct inspections under Articles 69 DSA; (ii) arrangements for hearings under Article 79 DSA; and (iii) the powers of the Commission to monitor compliance and implementation of the DSA under Article 72 DSA.

EU - 16 March 2023

Deadline for CMA to publish its market study CMA into music streaming

On 27 January 2022 the CMA launched its market study into music and streaming services in the UK following calls from DCMS. The CMA will now conduct consultations with market participants, with the possibility of issuing a notice regarding its decision on whether to make a full market investigation reference by 26 July 2022. The deadline for publishing the market study report will be 26 January 2023.

UK - 26 JANUARY 2023

Digital services tax will be repealed at the earlier of 31 December 2023 or the implementation of Pillar One of the Two-Pillar solution to address the tax challenges arising from the digitalisation of the economy. Reforms will provide for a tax framework which is more fair, stable and able to meet the needs of a 21st century global economy.

UK agrees to end digital services tax and transition to global OECD tax rules

UK - 31 DECEMBER 2023

2022

On 9 December 2022, the UK Chancellor of the Exchequer announced a number of reforms to the UK financial services sector, known as the Edinburgh Reforms, which seek to drive growth and competitiveness within the sector. Among other aims, the reforms set out measures for the development of a technologically advanced financial services sector, such as the implementation of a Financial Market Infrastructure Sandbox and the launch of a joint consultation between the Government and the Bank of England on the introduction of a UK retail central bank digital currency. Implementation of the reforms is expected to begin in early 2023, and the full set can be read here.

UK financial services sector reforms

UK -Q1 2023

After delays in the midst of Government reshuffles, the much-anticipated Online Safety Bill (the "Bill") will return to parliament on 16 January 2023 for the report stage, where MPs will consider further amendments to the Bill. Much of the debate will centre around "legal but harmful" material. The requirement for technology platforms to take down legal but harmful material from their platforms was removed in the Government's most recent amendments to the Bill in December 2022 which can read here.

Online Safety Bill to return to parliament

UK -16 January 2023

The Online Safety Bill (the "Bill") (which can be read in full here) received its Second Reading in the House of Lords. The Lords agreed that it was in everyone's best interests that the Bill be finalised as soon as possible. The discussion focussed on key areas such as: (i) methods of strengthening child protection online; (ii) future-proofing the Bill; (iii) personal liability for senior managers; and (iv) enhancing protection for women and girls against misogynistic abuse online. The Bill will now go to the Committee Stage in the House of Lords, but the timeframe of this is yet to be confirmed.

Online Safety Bill receives its second reading at the House of Lords

UK - 1 February 2023

Government publishes second draft of the Data Protection and Digital Information Bill

The UK Government published the second draft of the Data Protection and Digital Information Bill (the "Bill"), which represents its continued efforts to reform the UK data protection regime (the full text of the Bill can be found here, with explanatory notes found here). The Bill aims to deliver a 'truly bespoke' and 'business friendly' approach to data protection, with the promise to 'cut down pointless paperwork for businesses'. The second draft of the Bill fine tunes and clarifies some of the amendments set out in the first draft, including updating recording keeping requirements and setting out scenarios where the legitimate interest condition might be used. The Bill will now undergo a second reading in the House of Commons, before being submitted for Committee Stage.

The Digital Markets, Competition and Consumers Bill receives its first reading at Parliament

The Digital Markets, Competition and Consumers Bill (the "DMCC Bill") has now been published and introduced before Parliament. The key reforms which the Bill intends to bring about include: (i) implementing the UK's new digital markets regime; (ii) significant changes to the UK's competition law regime; and (iii) substantially strengthening the CMA's role in the enforcement of consumer protection against legislation.

EU transparency standards for political advertising

On 25 November 2021, the European Commission published their proposal for a regulation on the transparency and targeting of political advertising and sought feedback from interested parties. Following the end of the feedback period on 31 January 2022, the regulation will be binding on all Member States from 2023

EU - 1 April 2023

The UK Government published the highly anticipated draft Media Bill (the "Draft Bill"), in an effort to 'level the playing field with streaming giants' for public service broadcasters ("PSBs") and reflect changes in content consumption habits (the full text can be found here, and explanatory notes can be seen here). One of the more significant proposals to achieve these aims is to increase the accountability of Video on Demand ("VoD") services by bringing them under a new Ofcom code. The Draft Bill also provides increased flexibility for PSBs by simplifying the requirements for the fulfilment of the PSB remit. Further, the Draft Bill aims to increase accessibility and prominence of PSBs and VoD services; Smart TVs and set-top boxes will be required to ensure that viewers can more easily access and discover PSB VoD services, such as BBC iPlayer. Radio providers also benefit under the Draft Bill, with all smart speaker platforms required to provide access to all licensed UK radio stations, regardless of station size. The Draft Bill has not yet been introduced to Parliament, but the Government remains 'fully committed' to doing so, with timings to be confirmed.

Government publishes first draft of the Media Bill

UK - 29 March 2023

On 1 February 2023, HM Treasury (HMT) published a consultation and call for evidence setting out its proposals for the UK's financial services regime for cryptoassets. This follows a previous consultation by HMT, the response to which was published in April 2022. The key proposals include:

HMT proposes its financial services regulatory regime for cryptoassets

UK - 1 FEBRUARY 2023

- extending the scope of FSMA 2000 to regulate cryptoassets; - using the new Designated Activity Regime to impose regulatory requirements on cryptoasset firms; - introducing an issuance and disclosure regime for cryptoassets; - establishing a market abuse regime for cryptoassets; and - using existing RAO activities covering trading venues as a basis for a cryptoasset trading venue regime.

Responses to the consultation should be submitted by 30 April 2023.

On 29 March 2023, the government released the highly anticipated "A pro-innovation approach to AI regulation" white paper (which can be read in full here). The white paper sets out a roadmap to improve regulation and increase investment in AI in the UK and identifies the top six potential risks triggered by AI as risks to human rights, safety, fairness, privacy, societal wellbeing and security. The Government proposes to take a context specific approach to regulation, where existing regulators will provide the detail on technical standards which apply to their sector, balancing the comparative risks of using AI against the cost of missing opportunities to implement the technology in their respective sectors. No new laws are proposed to regulate the technology. The consultation on the white paper is now open and closes on 21 June 2023. Please refer to our full article here for further details.

The government releases the highly anticipated "A pro-innovation approach to AI regulation" white paper

UK - 29 MARCH 2023

European Commission makes its first designation decisions

The European Commission has designated 17 Very Large Platforms ("VLOPs") and 2 Very Large Service Engines ("VLOSEs") under the Digital Services Act (the "DSA"). With the aim of making the internet a safe and trustworthy space, the DSA imposes additional obligations on VLOPs and VLOSE. The designated companies now have four months to comply with the DSA's obligations, which include mitigating against risks such as disinformation, cyber violence against women, and harms to minors online.

EU - 25 April 2023

The Government published its long awaited White Paper which sets out plans to reform the primary piece of gambling legislation in the UK, the Gambling Act 2005. The objective of the White Paper is to ensure gambling laws are fit for the digital age, with the proposed changes focusing on: (i) online protections; (ii) marketing and advertising; (iii) the Gambling Commission's powers; (iv) dispute resolution; (v) safeguarding children and young adults; and (vi) land based gambling. With respect to video games, the White Paper reaffirms the Government’s consultation outcome from July 2022 that there is currently no intention to adjust the legal definitions of gambling to capture loot boxes. As such, there are no expected regulatory changes in respect of loot boxes on the horizon, though this may change in the future. The Government has stated that it aims to have the majority of the legislation in place by summer 2024.

Government publishes the Gambling Act Review White Paper

UK - 27 April 2023

The EU Digital Markets Act becomes fully applicable

The EU Digital Markets Act (the "DMA") entered into force on 1 November 2022 (see our blog post here) and became fully applicable on 2 May 2023. Within the next two months and at the latest by 3 July 2023, following a self-assessment of the criteria, potential "gatekeeper" digital platforms will have to notify the Commission. Following this, the Commission has 45 working days to assess whether the company satisfies the DMA criteria and provides a "core platform service". Gatekeepers will then have 6 months from the Commission's designation to comply with the requirements in the DMA.

EU - 2 MAY 2023

On 16 May 2023, the Advertising Standards Agency (the "ASA") and the Committees of Advertising Practice ("CAP") published their 2022 Annual Report (the "Report") which reflects on their collective progress over the past year (found here). The Report sets out the actions taken by the ASA and CAP in relation to: (i) changing ad regulation using data science; (ii) harmful cryptocurrency and NFT ads; (iii) tackling misleading and socially irresponsible green claims; (iv) using technology to monitor non-compliant influencers; (v) protecting children from age-restricted ads; and (vi) working with ad supply businesses to increase advertisers' awareness of the CAP code and ASA regulatory system. The Report also provides insight into the ASA and CAP's objectives for the next year, which include scaling up the monitoring of influencer content and taking further actions in relation to carbon neutral and net-zero claims.

ASA and CAP publish their 2022 Annual Report

UK - 16 May 2023

Announcement of UK – US data bridge

On 8 June 2023, the UK Secretary of State for Science, Innovation, and Technology and US Secretary of Commerce announced in a joint statement (see here) that the two countries have committed, in principle, to establish a 'data bridge' between the UK and US. The data-bridge would be a UK Extension of the EU-US Data Privacy Framework, which has been implemented to replace its predecessor, the EU-US Privacy Shield. It would allow for personal data from UK businesses to flow freely to certified organisations in the US without the need to put in place adequate safeguards (e.g. standard contractual clauses) which are otherwise required for such restricted transfers. The decision on whether to establish the data bridge will be completed in the coming months.

Deadline for contribution to Commission's consultation on DMA compliance report

The European Commission has launched a consultation on a draft template for the compliance report (see draft here) which specifies the minimum information that gatekeepers will have to submit under the EU Digital Markets Act (the ''DMA''), six months after being designated as gatekeepers, noting that designation is expected by 6 September 2023 at the latest meaning the deadline for the compliance report is 6 March 2024. Companies can provide comments on the proposed template until 5 July 2023.

EU - 5 July 2023

Ofcom has published its latest iteration of the Online Safety Bill (the "Bill") implementation timeline, which states that the Bill is expected to receive Royal Assent in Autumn 2023. The roadmap outlines that a phased approach to consultations on the codes of practice will be taken; for example, phase one will focus on illegal harms duties. Further information on the Bill's implementation timeline can be found here.

Ofcom has published its latest iteration of the Online Safety Bill implementation timeline

UK - Autumn 2023

Commission to designate companies as gatekeepers

Following the self-assessment companies performed prior to the 3 July 2023 deadline, the European Commission is expected to designate companies as gatekeepers by 6 September 2023. Once designated, gatekeepers will then have six months to complete a compliance report.

EU - 6 September 2023

The Home Office and Joint Fraud Taskforce has announced that they will develop an online fraud charter for social media platforms. The charter will require platforms to take greater action to block scams and make it easier for users to report fraudulent content. It was recognised in the Government's fraud strategy publication that the tech sector is often used as a tool to commit fraud, and extra protections via the Online Safety Bill will also play a role to help protect platform users. The timeline for this charter is currently unclear, but the Government has said that it is keen for tech companies to take action on fraudulent material ahead of the Online Safety Bill's finalisation

Government proposes online fraud charter with social media platforms

UK - 11 July 2023

On 12 September 2023, Ofcom's request for evidence under the Online Safety Bill's categorisation regime will close. The request is specifically addressed at social media, messaging and search platforms and requires such platforms to detail how they measure user numbers in different parts of their functionalities. However, the call for evidence also allows for any interested parties to provide information or evidence that may be useful. This information from platforms and other parties will be used to categorise platforms into either category 1, 2A or 2B under the Online Safety Bill; the categorisation will then determine the standard of duties with which platforms must comply. The duties may include producing transparency reports on the measures in place to protect users from certain types of online harms.

Online Safety Bill: Platform Categorisation – Ofcom's Call for Evidence Closes

UK - 12 September 2023

Announcement of UK – US data bridge

On 8 June 2023, the UK Secretary of State for Science, Innovation, and Technology and US Secretary of Commerce announced in a joint statement (see here) that the two countries have committed, in principle, to establish a 'data bridge' between the UK and US. The data-bridge would be a UK Extension of the EU-US Data Privacy Framework, which has been implemented to replace its predecessor, the EU-US Privacy Shield. It would allow for personal data from UK businesses to flow freely to certified organisations in the US without the need to put in place adequate safeguards (e.g. standard contractual clauses) which are otherwise required for such restricted transfers. The decision on whether to establish the data bridge will be completed in the coming months.

Deadline for contribution to Commission's consultation on DMA compliance report

The European Commission has launched a consultation on a draft template for the compliance report (see draft here) which specifies the minimum information that gatekeepers will have to submit under the EU Digital Markets Act (the ''DMA''), six months after being designated as gatekeepers, noting that designation is expected by 6 September 2023 at the latest meaning the deadline for the compliance report is 6 March 2024. Companies can provide comments on the proposed template until 5 July 2023.

EU - 5 July 2023

EDPS releases Opinion on AI Liability Directive and Product Liability Directive

On 11 October 2023, the European Data Protection Supervisor ("EDPS") published an opinion (Opinion 42/2023) (the "Opinion") which covers artificial intelligence ("AI") liability issues on two proposals issued by the European Commission on 28 September 2022: a directive on liability for defective products (2022/0302 (COD)); and a directive on adapting non-contractual liability rules to AI (2022/0303 (COD)) (see here) (the "Proposals"). Both Proposals have the aim of ensuring liability rules (i.e. rules to ensure that individuals harmed by AI products or services have equivalent means of redress as they would if harmed under any other circumstances) are suitable for the age of digital transformation and are part of the EU's review and implementation of AI regulation. The EDPS has made specific recommendations in its Opinion to further this goal, noting that the Proposals should: (i) make sure that individuals harmed by AI systems developed or used by EU institutions should be treated no less favourably than those harmed by AI systems produced or used by private entities or national authorities; (ii) extend procedural safeguards (e.g. disclosure of evidence when seeking redress) to damage by all AI systems regardless of whether they have been identified as "high-risk" or not; and (iii) make clear that the Proposals apply without prejudice to the EU GDPR (and therefore does not limit avenues of redress under data protection law).

EU - 11 October 2023

The Office for Product Safety Standards ("OPSS") (part of the Department for Business and Trade) launched a consultation to review the UK's product safety legislation (the "UK Product Safety Review") which ran from 2 August 2023 until 24 October 2023 (see here). While the UK Product Safety Review is more broadly concerned around simplifying the existing product safety regime, one key focus of the review is to update and bring the UK's existing product safety legislation into the 21st century so that it addresses emerging technologies such as AI and internet connected devices like smart watches and speakers. The consultation seeks views from stakeholders on a proposal made in respect of the Government Response to the OPSS Call for Evidence (published in November 2021) to modernise the product safety regime. For example, to: (i) implement digital solutions such as optional electronic labelling (or 'e-labelling') for devices with screens or designed for use with screens; and (ii) clarify co-operation duties for new business models such as online marketplaces or online supply chains (e.g. to ensure they provide information to enforcement authorities and take appropriate action in respect of unsafe or non-compliant products, or to set up a compliance function establish in the UK to address such issues). More generally, the government also hopes that having a flexible regulatory regime will promote further innovation by British businesses. The UK Product Safety Review addresses some of the similar limitations to the current legislation as addressed in the EU's new General Product Safety Regulation ((EU) 2023/988), which was published in the Official Journal in May 2023. However, the UK Product Safety Review goes further to simplify current legislation and considers what is required to regulate how product safety risks are assessed. The government will publish a response after the consultation closes.

OPSS runs consultation in relation to new product safety regime

UK - 24 October 2023

Ofcom released a discussion document in relation to personal online communication services ("OCS") (see here) on 25 October 2023 as previously announced in its policy document 'Digital markets in the communications sector' (published in September 2022). For the purposes of the discussion document, Ofcom considered competition and consumer issues around personal OCS (e.g. popular social media messaging services like Whatsapp, iMessage and Snapchat). Whilst the discussion paper did not mention any immediate or significant problems in relation to competition or consumer protection related to OCS, it noted the fast developments in this space which may raise future issues. For example, potential competition issues arising from new features and monetisation strategies of OCS, and possible risks to consumers due to scamming and fraudulent activity shifting from traditional communication methods such as SMS over to OCS. The sharing of illegal and harmful content on messaging services was also mentioned, though this issue is to be mitigated by the upcoming Online Safety Act. Ofcom noted that it will watch this space, especially in light of the EU's Digital Markets Act (to be implemented in 2024) which is introducing requirements on OCS to work together (e.g. an interoperability requirement on text messaging services – see further information here).

Ofcom reviews competition and consumer issues in the personal online communication services (OCS) sector

UK - 25 October 2023

The European Central Bank (ECB) announced on 18 October 2023 the commencement of the preparation phase for a potential digital euro, marking the conclusion of a two-year investigation phase. The digital euro is envisioned as a digital form of cash, accessible to citizens and businesses through supervised intermediaries like banks, and usable for all digital payments throughout the Eurozone. It would offer high privacy levels, instant payment settlement in central bank money, and be available both online and offline. The preparation phase, starting on 1 November 2023 and lasting two years initially, will involve finalising the digital euro rulebook, selecting providers for platform and infrastructure development, and conducting tests and experiments to meet user needs and the Eurosystem's requirements. The launch of the preparation phase does not signify a final decision on whether to issue a digital euro – and is dependent on the EU's legislative process and further decision-making by the ECB. This announcement also follows the European Commission's 'Single Currency Package' published on 28 June 2023 comprising proposals for a: (1) Regulation establishing the legal framework for a possible digital euro (which will govern and set out the key features of the digital euro); and ( 2) Regulation on the legal tender of euro cash (which will ensure individuals and business can continue to pay with physical euro banknotes and coins).

Preparation phase for Digital Euro Project begins

UK - 1 November 2023

On 17 October 2023, the Department for Culture, Media and Sport ("DCMS") launched a consultation on the introduction of a statutory levy on gambling operators as part of a series of proposed reforms to the Gambling Act 2005, as set out in the government's landmark White Paper in April 2023 (see our blog post here for more information). The proposed levy, which is expected to replace the current voluntary system, would impose a 1% fee on online operators and a 0.4% fee on physical operators. The higher levy on online operators stems from the DCMS's observations that: (i) online operators tend to account for a greater share of overall gross gambling yield; and (ii) online providers of higher-risk gambling products (e.g. online slots) are associated with greater levels of "problem gambling" and harm. The levy is projected to raise up to £100 million per year by 2027, with the Gambling Commission distributing funds directly to the NHS and UK Research and Innovation (UKRI). The consultation will run for 8 weeks, concluding on 14 December 2023, with the aim of implementing the measures by summer 2024. You can read the full consultation details here.

Deadline for DCMS consultation on statutory levy for gambling operators

UK - 14 December 2023

Deadline for Post-Designation Obligations for VLOPs and VLOSEs

Following the designation decisions made by the EU Commission earlier this year (see the update above on 25 April 2023), 25 August 2023 marked the deadline for the designated 'very large online platforms' ("VLOPs") and 'very large online search engines' ("VLOSEs") to become compliant with the Digital Services Act ("DSA"). To become compliant, VLOPs and VLOSEs had to have establish a point of contact, report existing criminal offences on their platforms, publish user-friendly T&Cs and maintain transparency in relation to their advertising, recommender systems and content moderation decisions (amongst other obligations). The DSA will extend its reach come 17 February 2024, when all regulated entities will have further obligations under the DSA, including to identify, analyse and tackle risks associated with illegal content hosted on their platforms, fundamental rights (e.g., freedom of expression), electoral processes and social issues (e.g., public health and protection of minors). See our blog on the DSA here.

EU - 25 August 2023

Designation of Gatekeepers under the DMA

The EU Commission designated six 'Gatekeepers' under the Digital Markets Act ("DMA") for the first time on 6 September 2023. The list comprised of Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft. The Commission has designated these companies based on their respectively significant market power and alleged potential to hinder competition to end users. The designation of these platforms means that they each have six months to comply with the obligations set out in the DMA. Collectively, 22 of their 'Core Platform Services' have also been designated, which include WhatsApp, Google Search, TikTok and Facebook amongst many others. Significantly, the EU Commission has not designated Samsung as a Gatekeeper, despite Samsung having notified the Commission of its potential status as such. More information about the Commission's designations can be found in the EU Commission's press release here.

EU - 6 September 2023

The ICO closed its consultation on period tracking and fertility apps on 5 October 2023, which has been open since 7 September 2023. The consultation aimed to collect users' views on their experience with the apps, specifically in relation to how they feel the apps are using or sharing users' personal information. The consultation follows the results of a poll, which showed that more than half of women are concerned about their data security when using these apps. As such, the ICO's focus is reportedly to identify whether there is a negative impact or harm to end users of these apps (e.g., confusing privacy policies, unsolicited and potentially distressing targeted advertising, and storage of unnecessary volumes of data). One example was previously seen in a study conducted by Privacy International in 2020, which showed that intimate information was being held by five of the leading fertility apps, and that they had shared certain details (e.g., when a user was menstruating or if the user was trying to get pregnant) with social media platforms. Such uses of personal data are likely to be explored by the ICO in its consultation.

ICO Consultation on fertility apps and data security closed

UK - 5 october 2023

Final template for compliance reports under the DMA released

Under the Digital Markets Act ("DMA"), Gatekeepers are required to submit a report to the EU Commission that demonstrates the Gatekeeper's effective compliance with the obligations under the DMA. The Commission has released a template for the compliance report, which can be found here. The report must be detailed and prepared in a transparent manner, and include a non-confidential summary of the compliance report. The template merely provides the minimum amount of information necessary to be included. The DMA requires that the report is submitted to the Commission within the first six months of being designated, and also creates an obligation for Gatekeepers to update the compliance report at least annually. As such, all designated Gatekeepers will be expected to have submitted their compliance report to the Commission by 6 March 2024.

EU - 9 October 2023

On 11 October 2023, and in response to the Israel-Gaza crisis, Ofcom issued a letter to UK-established video-sharing platforms ("VSPs"), reminding them of their existing obligation under the Audiovisual Media Services Regulations (the "Regulations"). Their obligations include (amongst others) ensuring that appropriate measures are put in place to prevent the spread of potentially harmful content, and protecting children from viewing videos of this nature. Non-compliance with the Regulations can lead to enforcement action, including financial sanctions. Content covered by these Regulations include terrorist videos and videos inciting hatred or violence, yet such explicit content has reportedly been increasingly circulated via VSPs. Certain algorithms used by VSPs can find it hard to distinguish between legitimate political discourse and extremist content, leading vulnerable viewers to videos that they would otherwise not encounter. That being said, in its letter Ofcom has been "encouraged by the proactive communication and crisis mitigation planning" that some platforms have shown in recent weeks.

Ofcom's Letter to video-sharing platforms on Israel-Gaza crisis

UK - 11 OCTOBER 2023

Following the launch of the CMA's market investigation into cloud services (see press release here) and the publication Ofcom's market study on 5 October 2023, the CMA released an Issues Statement on 17 October 2023, citing the four key market features that it intends to investigate, which include: (i) technical barriers that make switching harder; (ii) egress fees that contribute to cloud providers entrenching their position; (iii) spend discounts that raise barriers to entry; and (iv) software licencing practices by cloud service providers that restrict customer choice. The Issues Statement also addresses potential remedies to correct the providers' conduct, which include increased interoperability obligations, fee caps, prohibition of certain discount structures, and increased transparency in relation to bundling practices, amongst others. The CMA anticipates that it will conclude its investigation by April 2025, and provides an administrative timetable for the investigation as a whole here. For more information, visit the CMA's dedicated page here. While no contractual guidance was provided by Ofcom or the CMA in relation to cloud service arrangements, Ofcom's Final Report mentioned that there is also often very little room for downstream negotiation over contract terms due to increased reliance on certain cloud providers.

CMA Investigation into cloud services market and related Issues Statement

UK - 17 OCTOBER 2023

The much-anticipated Online Safety Act ("OSA") has received Royal Assent after six years of deliberation by Parliament. The OSA comprehensively sets out obligations on digital platforms to monitor the content that they host online, specifically targeting illegal content, content that could be harmful to children, and content that is 'lawful but harmful'. The obligations on larger platforms are more stringent than those on smaller online players. That being said, it is estimated that over 100,000 businesses are likely to fall within the OSA's scope. Ofcom will be the regulator responsible for enforcing the OSA, and it is scheduled to produce a Code of Practice (i.e., regulatory guidance) around Q4 2024. Ofcom will also be consulting with certain targeted industries and will be opening multiple calls for evidence to assess the effectiveness of the OSA in practice. For more information on the OSA, read our blog post on the Royal Assent here, and for regular updates on the OSA and other online safety-related content, visit HSF's 'Online Safety Series' page here.

Online Safety Act receives Royal Assent

UK - 26 OCTOBER 2023

In preparation for the AI Safety Summit 2023, the UK's Department for Science, Innovation & Technology ("DSIT") released a policy paper that outlines the ways in which AI developers are able to harness the benefits of AI innovations within secure parameters ("Policy Paper") (see here). The Policy Paper was written for the benefit of leading AI organisations developing "frontier AI" (i.e., "highly capable general-purpose AI models that can perform a wide variety of tasks and match or exceed the capability present in today's most advanced models"), as a point of reference when developing their safety policies. This comes after the Government's AI Regulation White Paper released in March 2023 (see our related blog post here), which set out its 'pro-innovation approach' to addressing risks associated with AI. The new Policy Paper sets out nine different emerging processes and practices for frontier AI organisations' AI safety policies, which include responsibility capability scaling, model reporting, information sharing, prioritisation of research on risks posed by AI, and preventing and monitoring model misuse, amongst other topics.

DSIT publishes Policy Paper on emerging processes for frontier AI safety

UK - 27 OCTOBER 2023

The Chair of the UK's Competition and Markets Authority (the "CMA"), Marcus Bokkerink, delivered a keynote speech at the AI Fringe Hub, which was hosted in conjunction with the Government's AI Summit Safety Summit in November 2023 (see details here). Bokkerink highlighted the action that the CMA has been taking in recent years in digital markets, to safeguard consumers (e.g., by cracking down on fake reviews, subscription traps, and 'dark patterns') and to protect competition (e.g., investigations into competition in search, social media and digital advertising). Looking to the future, Bokkerink also reminded audiences about the: (a) upcoming Digital Markets, Competition and Consumers Bill, which gives greater powers to the CMA to protect users from 'commercial harms' through enforcement and higher penalties where necessary (see HSF blog post here); and (b) the CMA's seven proposed principles for the development of AI (published in September 2023 – see here), which include (i) access to such technology on fair terms and without undue restrictions; (ii) promoting the diversity of models, including both open- and closed-source models; (iii) maintaining sufficient choice of foundation models for customers; (iv) genuine flexibility to switch between models; (v) fair dealing, allowing customers to trust that the best products will win in a free market; as well as (vi) transparency; and (vii) accountability.

CMA Chair gives speech at AI Summit

UK - 1 NOVEMBER 2023

At the G7 Joint Competition Enforcers and Policymakers Summit, the UK's CMA published an updated compendium of G7 members' approaches to promoting competition in digital markets (see here). This builds on the original compendium published during the UK's Presidency of the G7 Summit in 2021. The compendium draws on each country's priorities and policy initiatives, and also sets out the key challenges faced for competition policy-makers.

Updated compendium of G7 approaches to improving digital competition

UK - 8 NOVEMBER 2023

The ICO is organising a free Regulatory Sandbox, whereby certain data-driven organisations can receive direct advice from the ICO to facilitate regulatory compliance and integrate privacy-centric mechanisms to products and services. The ICO are accepting expressions of interest from organisations that operate in (i) biometric processing; (ii) emerging technologies; and (iii) exceptional innovations, regardless of their size, or whether they are in the private, public or voluntary sectors. Participants will be selected on the basis that their product or service could provide a 'demonstrable benefit to the public'. Case studies show that the Sandbox has helped previous participants to improve the processing of patients' data over the COVID-19 pandemic, provided support to FinTech startups in implementing data protection measures, and advised on the data protection angle of minimising harm in the gambling industry. The ICO is committed to improving privacy-by-design measures into new products and services that heavily draw on data. The deadline to submit an expression of interest is 31 December 2023. More details can be found at the ICO's Regulatory Sandbox page here.

Deadline for expressions of interest in ICO Regulatory Sandbox 2024

UK - 31 DECEMBER 2023

ASA guidance regarding cryptoasset advertising following expansion of financial promotion regime by FCA and HM Treasury

Following concerns arising around the increased advertising of cryptoassets in 2020, HM Treasury published a response to its July 2020 consultation paper on cryptoasset promotion, which expands to scope of the UK financial promotion regime to include certain "qualifying cryptoassets". On 19 January 2022, the FCA released a consultation including proposals to categorise cryptoassets as high risk investments and introduce new requirements for such promotions. On 10 March 2022, ASA published updated practical guidance regarding the above.

UK - 10 MARCH 2022

On 14 October 2021, the ICO launched a call for evidence on the use of Age Assurance in relation to the Children's Code and simultaneously published the accompanying ICO Opinion on Age Assurance for the Children's Code. The call for evidence closes on 4 January 2022.

ICO call for evidence on the use of Age Assurance in the Children's Code closes

UK - 4 January 2022

Consultation on amendments to the Product Liability Directive in relation to the use of AI

The Commission carried out a public consultation on the need to adjust the Product Liability Directive in view of emerging technologies such as the use of AI and the potential dangers (e.g. lack of clarity around algorithms and autonomous behaviour). This consultation ended 10 January 2022 with the Commission response expected in following months.

EU - 10 January 2022

The UK Government has launched an “AI Standards Hub” for the UK to shape and improve global technical standards for artificial intelligence. This follows the publication of its National AI Strategy in September 2021, which set out the key pillars of building investment, infrastructure and governance over the coming years for AI.

UK launches AI Hub in line with National AI Strategy published in September 2021

UK - 12 January 2022

European Parliament votes in favour of amendments to the Digital Services Act

The European Parliament voted in favour of the Digital Services Act ("DSA") during a plenary vote on amendments, which will set major limits on behavioural advertising by tech companies; the law will also ban profiling minors and will set limits on the use of special category data for ad targeting.

EU - 20 January 2022

Ofcom launches consultation on draft guidance for on-demand programme services (ODPS) providers on new regulatory requirements with respect to European works. The proposed guidance will support ODPS providers in understanding the application of the new quota for European works, the ‘prominence requirement’ and applicable exemptions based on low audience, low turnover or nature/theme of the service. The consultation closes 22 March 2022.

Ofcom consultation on European works for on demand services

UK - 25 January 2022

DCMS publishes report on the Online Safety Bill following Parliamentary Joint Committee report

DCMS published its report on the impact of the Online Safety Bill, requesting that drafters better protect freedom of expression and make the Bill robust enough tackle illegal and harmful content on user-to-user and search services. The report also recommends the Bill clarifies the scope of Ofcom’s enforcement powers. This follows the publication of the Parliamentary Joint Committee's report on the Online Safety Bill on 14 December 2021, which recommended that drafters make it clearer what is illegal online and add new criminal offences to the Bill.

UK - 24 January 2022

On 26 March 2021, the DCMS Committee launched an inquiry into “the power of influencers on social media, how influencer culture operates, and… the absence of regulation on the promotion of products or services, aside from the existing policies of individual platforms” with a view to assessing whether further regulation is required. As part of its wider activities, the DCMS Committee has obtained oral evidence from the Advertising Standards Authority ("ASA") and the Competition and Markets Authority ("CMA").

DCMS Inquiry into influencer culture obtains oral evidence from ASA and CMA

UK - 27 January 2022

EU transparency standards for political advertising

On 25 November 2021, the European Commission published their proposal for a regulation on the transparency and targeting of political advertising and sought feedback from interested parties. Following the end of the feedback period on 31 January 2022, the regulation will be binding on all Member States from 2023

EU - 1 April 2023

Following the DRCF's plan of work for 2021-2022, released in March 2021, the DRCF has launched its technology horizon scanning programme which aims to increase information sharing about new and emerging digital markets and technologies. This collation of information will help wider stakeholders access existing knowledge and will inform regulation of the digital landscape.

The Digital Regulation Cooperation Forum launches technology horizon scanning programme

UK - March 2022

Deadline for responses to ESMA Call for Evidence on distributed ledger technology

On 4 January 2022 the European Securities and Markets Authority ("ESMA") launched a Call for Evidence on the European Commission’s proposed Regulation on a pilot regime for market infrastructure based on distributed ledger technology ("DLT Regulation"). ESMA will assess whether the regulatory technical standards ("RTS") in the DLT Regulation are efficient, relating to transparency and data reporting requirements when trading "tokenised" securities, should be revised. Stakeholders must submit their responses to the Call for Evidence by 4 March 2022. The pilot regime is expected to apply in early 2023.

EU - 4 March 2022

Following the European Commission's proposal to expand the scope of the Funds Transfer Regulation to crypto-assets, the HM Treasury launched a public consultation with regards to equivalent provisions in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 Statutory Instrument 2022 ("SI 22"). The new SI 22, which imposes information-sharing requirements on crypto-assets, is due to come into effect in Spring 2022.

HMT to extend travel rule to crypto-assets

UK - Q2 2022

European Commission to revise Code of Practice against Disinformation

The Code of Practice against Disinformation was published in September 2018 and was subsequently signed by Facebook, Google, Mozilla and Twitter, among others. The Code is a self-regulatory document and, following European Commission assessments and reports on adherence, guidance was issued in May 2021 to address shortfalls in the Code of Practice and provide a more robust monitoring framework. Most recently, the Commission announced that there will be 26 new signatories joining the drafting process for a revised version of the Code, expected to be released by the end of March 2022.

EU - 31 March 2022

In September 2021, the CMA released the Green Claims Code, which sets out new guidance for businesses marketing goods and services as environmentally-friendly. This follows the CMA's investigation into misleading environmental claims, and increasing attention across Europe on sustainability claims. The CMA plans to begin reviewing misleading green claims in early 2022.

CMA to review the “Green Claims Code” which sets out guidance for businesses and making environmental claims

UK - Q1 2022

EBA contribution to joint ESAs response to the European Commission's Call for Advice on digital finance

On 21 September 2021, the European Banking Authority (“EBA”) published a report on the platformisation of the EU banking and payments sector. In particular, the report considers steps to strengthen EBA’s supervisory capacity to monitor market developments. The findings in the report will inform the EBA’s contribution to the joint European Supervisory ("ESAs") response to the European Commission's February 2021 Call for Advice on digital finance, which will be released in Q1 2022.

EU - Q1 2022

The CMA has published a response which supports the Government's establishment of the Digital Markets Unit and the creation and implementation of a new regulatory regime for the purposes of promoting competition online and preventing unfair practices, as well as a supplementary code of conduct.

Government establishes the Digital Markets Unit and new statutory code of conduct

UK - Q1-Q2 2022

DRCF to hold first meet-up session on immersive technologies

Further to their March 2019 report “Regulating in a digital world”, the House of Lords Communications and Digital Committee published its latest report “Digital regulation: joined-up and accountable” on 13 December 2021. The report highlights persistent challenges in the current regulatory system and proposes reform of the Digital Regulation Co-operation Forum (“DRCF”) to promote greater cooperation between regulators, advisory bodies and the Government. In light of the report, the DRCF plans to hold a series of meet-up session, with the first one in Q2 2022, focusing on immersive technologies.

Uk - Q2 2022

The Government announced that it will introduce both a 9pm TV watershed for HFSS products and restrictions on paid-for HFSS advertising online (including on-demand programme services). These changes will come into effect via the Health and Care Bill which is due to come into effect in April 2022. The Government plans to review the policy five years after implementation in 2027.

More robust advertising restrictions on HFSS products introduced by the Government to come into force

UK - 1 APRIL 2022

Restrictions under CAP and BCAP Codes prohibiting cosmetic interventions advertising to under-18s come into effect

On 25 November 2021, the Committee of Advertising Practice (“CAP”) and Broadcast Committee of Advertising Practice (“BCAP”) announced new restrictions prohibiting advertisements of cosmetic interventions targeted at under-18s. The new restrictions impose a total ban on such ads in non-broadcast media, and partial bans in other non-broadcast media and broadcast ads consumed by under-18s, The amendments come into effect on 25 May 2022.

Uk - 25 May 2022

The Omnibus Directive is intended to update the consumer rights of EU citizens and align such rights in respect of physical and digital goods, services and content. It will also introduce additional obligations on traders and online platforms, with GDPR-style penalties for infringement. The implementation deadline for the EU Omnibus Directive is 29 November 2021, after which the directive should come into force by 28 May 2022.

Implementation deadline for EU Omnibus Directive

EU - 28 MAY 2022

EC publishes revised guidance on the Omnibus Directive

On 17 December 2021, the European Commission revised guidance on the interpretation and application of the Omnibus Directive. The deadline for Member States to have all measures and any national amendments implementing the Omnibus Directive is 28 May 2022. The revised version of the guidance focuses on the application of EU consumer law in the context of digital and green transitions.

EU - 28 May 2022

The Directive entered into force on 6 June 2019 and EU Member States have until 7 June 2021 to transpose the Directive into their respective national legislation. The Directive seeks to adapt copyright rules to ensure they are “fit for a digital era”.

Implementation deadline for EU Digital Copyright Directive

EU -7 JUNE 2022

The European Commission adopts final UK adequacy decisions ensuring the continued unrestricted flow of personal data between the EU and UK

The European Commission adopted two final adequacy decisions which enabled the continued unrestricted flow of personal data between the EU and UK until 27 June 2025 or should the UK materially diverge and weaken privacy protections. This followed the Brexit Agreement between the UK and EU which granted an interim data transfer window and the publication of draft adequacy decisions.

UK - 28 june 2022

The Department for Digital, Culture, Media & Sport issued two sets of guidance: (i) “Online safety guidance if you own or manage an online platform”; and (ii) “A business guide for protecting children on your online platform.” in order to support organisations with meeting their obligations regarding preventing online harms.

UK Government publishes practical online safety guidance for businesses

UK - 29 JUNE 2022

CMA to announce whether to proceed with full market investigation into music streaming

On 27 January 2022, the CMA launched its market study into music and streaming services in the UK following calls from DCMS. The CMA is conducting consultations with market participants, with the possibility of issuing a notice regarding its decision on whether to make a full market investigation reference by 26 July 2022. The deadline for publishing the market study report will be 26 January 2023.

UK - 26 july 2022

On 3 June 2021, the European Commission published a proposal to put in place a new European digital identity which builds on the eIDAS Regulation. This digital ID will be available to be used by citizens across all Member States and will have to be accepted by very large online platforms and certain private service providers with the aim of simplifying, standardising, and improving the security of digital IDs. The Commission aims to publish a toolbox to implement the new framework in October 2022.

European Commission plans to publish toolbox for implementation of proposed legislation for a European Digital Identity

EU - OCTOBER 2022

Deadline for crowdfunding service providers to transition to the EU’s new crowdfunding regulatory framework

The Regulation on European Crowdfunding Service Providers for Business came into force on 10 November 2021. The new rules provide standardised requirements for lending based and investment based crowdfunding across the EU for offers with a consideration of up to EUR 5 million per project owner over a 12 month period. Crowdfunding service providers are subject to a transitional period ending on 10 November 2022.

EU - 10 NOVEMBER 2022

The European Central Bank ("ECB") publishes its new framework for electronic payment instruments, schemes and arrangements ("PISA Framework"). The new Framework will be applicable to firms that are subject to Eurosystem oversight from 15 November 2022. The Eurosystem, comprising the ECB and national central banks in Member States whose currency is the euro, will use the Framework to regulate firms facilitating the use of payment cards, credit transfer, direct debits, e-money transfers and digital payment tokens (including e-wallets), as well as cryptoasset-related services.

New ECB PISA framework for electronic payment

EU - 15 november 2022

Deadline for CMA to publish its market study CMA into music streaming

On 27 January 2022 the CMA launched its market study into music and streaming services in the UK following calls from DCMS. The CMA will now conduct consultations with market participants, with the possibility of issuing a notice regarding its decision on whether to make a full market investigation reference by 26 July 2022. The deadline for publishing the market study report will be 26 January 2023.

UK - 26 JANUARY 2023

Digital services tax will be repealed at the earlier of 31 December 2023 or the implementation of Pillar One of the Two-Pillar solution to address the tax challenges arising from the digitalisation of the economy. Reforms will provide for a tax framework which is more fair, stable and able to meet the needs of a 21st century global economy.

UK agrees to end digital services tax and transition to global OECD tax rules

UK - 31 DECEMBER 2023

The Government's long awaited review of gambling legislation and proposals for reform are expected in Spring 2022, having initially been due to be published at the end of 2021. The review is seen as necessary given the significant changes in the gambling market and the way consumers gamble since the Gambling Act came into force in 2007.

UK Government review of gambling laws expected

UK - Q2 2022

EBA Contribution to joint ESAs response to the European Commission’s Call for Advice on digital finance

On 25 November 2021, the European Commission published their Proposal for a regulation on the transparency and targeting of political advertising and sought feedback from interested parties. The feedback period ended on 31 January 2022.

EU - 7 FEBRUARY 2022

The European Commission has published a letter of intent stating that the Commission will put forward an initiative on virtual worlds, such as the metaverse in 2023. Watch this space for further information on the EU's proposal to regulate the metaverse and in the meantime you can read more about the metaverse here in our TechQuake series.

EU Commission publishes letter of intent in relation to the metaverse

EU - 14 SEPTEMBER 2022

EU Media Freedom Act

The European Commission published its proposal for the European Media Freedom Act, which sets out common rules to protect media pluralism, freedom and independence in the EU. This includes the implementation of safeguards to protect journalists and editorial independence. The Regulation creates a new independent European Board for Media Services, comprised of national media authorities. The Board will prepare guidelines on media regulatory matters and promote the application of the EU media law framework. The proposal aims to encourage transparency in media operations to allow European citizens to make informed opinions and participate in democratic debate.

EU - 16 SEPTEMBER 2022

The UK Government published a response to the DCMS Committee's report on influencer culture. The Government intends to broaden the scope of the CMA's enforcement powers to determine where rules have been broken, and expressed the Department of Education's willingness to consider potential legislative changes to protect child influencers.

UK Government responds to the DCMS Committee report on influencer culture

UK - 23 SEPTEMBER 2022

Digital Services Act

The Digital Services Act was signed into law on 27 October 2022, marking one of the European Union's most significant updates to its legal framework for digital regulation since the adoption of the e-Commerce Directive in 2000. The DSA, which comes into force on 16 November 2022, reshapes the responsibilities and accountability of digital services providers.

UK - 16 NOVEMBER 2022

EU resolution on esports and video games

On 10 November 2022, the European Parliament passed a resolution (which can be read in full here) on esports and video games calling for the development of a "coherent and long-term European video game strategy". The European Parliament suggests that the EU Commission should seek to enhance access to talent and financing, address the shortage of digital skills, and provide reliable infrastructure and connectivity as part of any European video game strategy. This formal acknowledgment of the importance of the esports and video games could lead to further regulation in the future.

EU - 10 NOVEMBER 2022

On 9 December 2022, the UK Chancellor of the Exchequer announced a number of reforms to the UK financial services sector, known as the Edinburgh Reforms, which seek to drive growth and competitiveness within the sector. Among other aims, the reforms set out measures for the development of a technologically advanced financial services sector, such as the implementation of a Financial Market Infrastructure Sandbox and the launch of a joint consultation between the Government and the Bank of England on the introduction of a UK retail central bank digital currency. Implementation of the reforms is expected to begin in early 2023, and the full set can be read here.

UK financial services sector reforms

UK -Q1 2023

After delays in the midst of Government reshuffles, the much-anticipated Online Safety Bill (the "Bill") will return to parliament on 16 January 2023 for the report stage, where MPs will consider further amendments to the Bill. Much of the debate will centre around "legal but harmful" material. The requirement for technology platforms to take down legal but harmful material from their platforms was removed in the Government's most recent amendments to the Bill in December 2022 which can read here.

Online Safety Bill to return to parliament

UK -16 January 2023

On 22 November 2022, the CMA announced the launch of a market investigation into competition in the UK's mobile browser and cloud gaming markets, following the market study undertaken by the CMA where the CMA concluded that Apple and Google's effective duopoly on mobile ecosystems allowed them to exercise significant control over operating systems, apps and web browsers on mobile devices. The CMA further published an issues statement on 13 December 2022 which explores theories of harm potentially affecting competition within these markets. The deadline for responses to the issues statement is 17 January 2023, and it can be read in full here. The final report is expected to be published in Q1 2024.

CMA to publish final report in mobile browser and cloud gaming market investigation

UK - Q1 2024

In July 2020, the Government announced that it would introduce a 9pm TV watershed for high fat, salt or sugar (HFSS) products and a total ban on paid-for online adverts for HFSS products (including on-demand programme services). The HFSS advertising restrictions, which will come into effect via the Health and Care Bill, were originally due to come into force in January 2023, but were subsequently postponed to January 2024. A further postponement which was announced by the Government on 9 December 2022 means the restrictions are now due to come into effect from 1 October 2025.

More robust advertising restrictions on HFSS products introduced by the Government to come into force

UK - 1 October 2025

WTO circulates consolidated negotiated text on e-commerce rules among WTO members with progress on negotiations expected

Key contacts

2022

The World Trade Organisation has circulated its consolidated negotiated text on e-commerce rules among WTO members, following discussions and negotiations. Despite highlighting issues between WTO members such as the digital divide and data flows, substantial progress is expected at 12th WTO Ministerial Conference.

Implementation deadline for EU Digital Copyright Directive

The Directive entered into force on 6 June 2019 and EU Member States have until 7 June 2021 to transpose the Directive into their respective national legislation. The Directive seeks to adapt copyright rules to ensure they are “fit for a digital era”.

UK AND EU DEVELOPMENTS

Our helpful timeline to keep you updated on all the latest digital regulatory developments across the UK and the EU

Horizon scanning: DIGITAL REGULATION

Head of Media and Digital, UK

LONDON

technology, media and telecomS

+44 20 7466 2079

HAYLEY BRADY

Profile

Senior Associate

LONDON

technology, media and telecomS

+44 20 7466 7582

JAMES BALFOUR

Profile

PROFESSIONAL SUPPORT LAWYER

LONDON

technology, media and telecomS

+44 20 7466 2267

Claire Wiseman

Profile

EMEA Regional Head of Practice

BRUSSELS

Competition, Regulation and TradE

+32 477 822 457

Kyriakos Fountoukakos

Profile

OF COUNSEL

BRUSSELS

Competition, Regulation and TradE

+32 477 822 462

Peter Rowland

Profile

Advertising Standards Agency rules on use of social media beauty filters in advertisements and begins to publically name repeat infringers

The Advertising Standard Agency has made two ruling in relation to the use of in-app beauty filters. The rulings highlight that beauty filters should not be used on photos and videos where the filters are directly relevant to the performance of the products being advertised and would be likely to exaggerate the efficacy of the product being advertised and mislead consumers materially. Despite efforts to educate the influencer industry, repeated non-compliance has led the ASA to begin to publically name repeat infringers.

UK - 7 JUNE 2021

The BEIS and OPSS consultation highlights the government's commitment to ensuring that only safe products can be legally placed on the market now and in the future. The initial call for evidence invited stakeholders to comment on product design and manufacture, new products and product lifecycles, models of supply and enforcement considerations. The information supplied, alongside wider evidence and research, will be used to shape policy proposals for the UK's product safety framework, to ensure it is future facing and optimised for UK consumers, businesses, and enforcement agencies.

UK Government's BEIS and OPSS concludes consultation on product safety and e-commerce laws

UK - 17 june 2021

The European Commission issues a UK adequacy decision ensuring the continued unrestricted flow of personal data

The European Commission adopted two final adequacy decisions which enabled the continued unrestricted flow of personal data between the EU and UK until 27 June 2025 or should the UK materially diverge and weaken privacy protections. This followed the Brexit Agreement between the UK and EU which granted an interim data transfer window and the publication of draft adequacy decisions.

eu - 28 june 2021

CMA publishes ‘Algorithms: How they can reduce competition and harm consumers’ research paper and launches consultation

The CMA's Data, Technology and Analytics Unit has published a research paper setting out theories of harm caused by algorithmic systems, investigation techniques, and how regulators can address such harms. The CMA has also launched a consultation seeking to gain further information from stakeholders on how algorithms impact competition and consumers. The information gained, along with the views in the research paper, is likely to inform the CMA's stance and actions on algorithms in the future.

UK - 16 March 2021

The Government has announced new offences to be included in the draft Online Safety Bill which will force tech companies to immediately remove from their websites criminal activity such as revenge pornography, hate crime, fraud, the sale of illegal drugs or weapons, promotion of suicide and more. New criminal offences will be added to the bill to tackle domestic violence and threats to rape and kill. The first draft of the text of the bill was published on 13 May 2021.

Government publishes the text of the Online Safety Bill, building on the Online Harms White Paper and various rounds of consultation and responses, in order to tackle illegal and harmful content online

UK - 13 may 2021

The Department for Digital, Culture, Media & Sport issued two sets of guidance: (i) “Online safety guidance if you own or manage an online platform”; and (ii) “A business guide for protecting children on your online platform” in order to support organisations with meeting their obligations regarding preventing online harms.

UK Government publishes practical online safety guidance for businesses

uk - 29 june 2021

European Commission adopts proposal to revise and replace the 2001 General Product Safety Directive

The European Commission has adopted a proposal to amend the 2001 General Product Safety Directive ("GPSD") which provides the legal framework for the safety of non-food consumer products. The new Regulation aims to address new technologies, such as artificial intelligence, as well as the rise in e-commerce which has hampered the effectiveness of the GPSD.

eu - 30 june 2021

The Directive entered into force on 11 June 2019 and Member States will have until 1 July 2021 to implement it into national legislation. The Directive aims to harmonise key aspects of the laws surrounding the sale of digital content and supply of digital services to consumers at an EU level.

Implementation deadline for EU Digital Content and Digital Services Directive

eu - 1 july 2021

EU VAT e-commerce package comes into force on 1 July 2021

The EU VAT e-commerce package impacting cross-border B2C ecommerce comes into force on 1 July 2021. The VAT e-commerce package brings about major changes including rolling out a single EU VAT return for e-commerce distance selling and making electronic interfaces the deemed supplier of goods in some circumstances.

eu - 1 july 2021

UK Government publishes Online Media Literacy Strategy to empower users to make safe choices online and to support organisations to undertake media literacy activity in a more coordinated way.

Government publishes Online Media Literacy Strategy

UK - 14 july 2021

ICO urges businesses to prepare for enforcement of Children’s Code

The ICO urged all organisations and businesses to make the necessary changes to their online services and products ahead of 2 September 2021 when conformity with the Children's Code is required. These new standards aim to allow children to more safely explore the digital environment.

UK - 2 September 2021

The UK Government has set out its plans for, and opened a consultation on, governing digital identities and attributes as well as an early working prototype of the trust framework. This is intended to lead to a legal regime where digital identities and attributes can be created and used in an interoperable manner while respecting the privacy of data subjects.

UK Government sets out plans for governing digital identities and launches a consultation on a UK digital identity and attributes trust framework

UK - 13 september 2021

ISBA launches new Code of Conduct for influencer marketing

In response to growing attention being paid to influencer marketing by regulators, as seen by the release of the ASA’s influencer monitoring report and the DCMS Committee’s Influencer Inquiry earlier this year, the ISBA has launched a new Code of Conduct for influencer marketing. While the Code is not a binding legal instrument, it aims to provide advertisers, brands, talent agencies and influencers with an industry standard of best practice.

UK - 14 September 2021

Following a public consultation in October 2020, the ASA has published formal guidance on the advertising of in-game purchases. The guidance aims to prevent harm or consumer detriment caused by the way in-game purchases are marketed and this will be reviewed a year following its implementation.

Advertising Standards Authority publishes guidance on advertising in-game purchases

UK - 20 september 2021

2021

2023

The UK Government has published its National Al Strategy to promote and develop the use of Al

The UK Government has launched an “AI Standards Hub” for the UK to shape and improve global technical standards for artificial intelligence. This follows the publication of its National AI Strategy in September 2021, which set out the key pillars of building investment, infrastructure and governance over the coming years for AI.

UK - 22 September 2021

On 20 July 2021, the UK government published of two consultations entitled (i) "reforming competition and consumer policy" and (ii) "a new pro-competition regime for digital markets". The consultations contain proposals which bolster consumer protection and competition including new CMA powers to impose penalties and a mandatory code of conduct on big tech companies. Since then, the CMA has released its responses to the consultations on 4 October 2021, welcoming the government's proposals.

CMA consumer consultations: UK consultations on: (i) Reforming competition and consumer policy; and (ii) a new pro-competition regime for digital markets

UK - 4 OCTOBER 2021

The Information Commissioner's Office publishes its response to the UK Government's consultation on reforms to the UK's data protection regime

On 6 October 2021, the Information Commissioner's office ("ICO") published its response to the Department for Digital Culture, Media & Sport ("DCMS") consultation on reforms to the UK's data protection regime. The ICO's response is broadly supportive of the consultation's proposals, however, it includes reservations on some key points.

UK - 6 OCTOBER 2021

Following a consultation earlier in 2021, Ofcom has published guidance for video-sharing platform (“VSP”) providers on measures to protect users from harmful content following its new powers to regulate VSP providers offering video sharing services into the UK. The guidance intends to assist VSP providers to comply with the statutory regime which requires that they put in place appropriate measures to protect users from harmful content online.

Ofcom publishes guidance for video-sharing platforms on measures to protect users from harmful content

UK - 6 OCTOBER 2021

ASA publishes guidance on promotions and social media platforms

The ASA has launched a new resource page to help influencers and brands maintain their compliance with advertising rules when running prize promotions on social media platforms. This includes a new checklist which contains a number of key points that influencers and brands should consider when running promotions.

UK - 8 OCTOBER 2021

Following the publication of the joint statement on privacy expectations for video teleconferencing ("VTC") companies in July 2020, the ICO and six other global data protection authorities worked with the five largest VTC companies to produce best practice guidance designed to mitigate the risks faced by VTC companies and users alike in the wake of the COVID-19 pandemic.

ICO publishes joint statement on privacy expectations for video conferencing companies

UK - 27 OCTOBER 2021

UK Gambling Commission announces changes intended to make online games safer by design

Following a public consultation, the UK Gambling Commission has announced a package of changes which is intended to make online games safer by design, focussing on online slots games. Online operators will need to implement the enhanced protections by 31 October 2021.

UK - 31 OCTOBER 2021

Following the launch of an October 2020 consultation by the Committee of Advertising Practice (“CAP”) and the Broadcast Committee of Advertising Practice (“BCAP”), changes to the CAP and BCAP responsibility and problem gambling guidance came into force on 1 November 2021. These latest amendments introduce further restrictions to protect consumers and prevent gambling advertising from encouraging or condoning risky or irresponsible behaviour.

Revisions to CAP and BCAP's gambling advertising guidance

UK - 1 NOVEMBER 2021

Gambling Commission publishes interim report on the ban on gambling with credit cards

On 2 November 2021, the Gambling Commission published its interim report on the ban on the use of credit cards in UK consumer gambling. This interim report reviews the effectiveness of the ban during the 'monitoring phase' since the ban was introduced in April 2020, and assesses whether it has met its initial objectives.

UK - 2 NOVEMBER 2021

Following the DCMS's publication of its consultation on proposed reforms to the UK's data protection regime as part of the UK Government's National Data Strategy, the consultation has now closed. The UK Government will now consider the responses gained from the consultation questions and publish a full consultation response in due course. This response will likely inform the UK's future stance on data protection for years to come.

DCMS consultation on reforms to the UK's data protection regime closes

UK - 19 NOVEMBER 2021

ICO publishes Opinion recommending data protection standards for the ad-tech industry

In the context of the Competition and Markets Authority ("CMA") investigations into Google's Privacy Sandbox, the Information Commissioner's Office ("ICO") published an Opinion entitled "Data Protection and privacy expectations for online advertising proposal". The Opinion recommended new privacy standards and called on ad-tech companies to comply with data protection law and refrain from the excessive collection and use of individual's data.

UK - 25 NOVEMBER 2021

On 29 November 2021, the Competition and Markets Authority (“CMA”) published an independent report comprising a “Compendium of approaches to improving competition in digital markets”. The report summarises how different G7 authorities are tackling competition issues in digital markets. For example, conducting investigations, upskilling personnel, engaging in regulatory cooperation and introducing legislative reforms, such as the Digital Markets Act.

CMA independent report on approaches to improving competition in digital markets

UK - 29 NOVEMBER 2021

CDEI and REC publish guidance relating to data-driven tools in recruitment

Following the Centre for Data Ethics and Innovation’s (“CDEI”) review into bias and algorithmic decision-making published on 27 November 2020, the CDEI and Recruitment and Employment Confederation (“REC”) has published a set of jointly developed guidance. The guidance provides practical considerations for data-driven tools (e.g. big data analysis, automation systems, machine learning and other forms of AI), transparency considerations and how such tools can add value for organisations.

UK - 6 DECEMBER 2021

The UK Law Commission publishes advice to the Government on smart legal contracts. Amongst other things, the advice supports the use of smart legal contracts as UK common law has the flexibility to ensure the enforceability of smart legal contracts without the need for extensive reform.

UK Law Commission publishes guidance on smart legal contracts

UK - 7 DECEMBER 2021

In a bid to reduce the volume of misinformation which emerged online during the Covid-19 pandemic, many platforms introduced a number of new policies which rely on machine-based moderation. Against the backdrop of a changing policy landscape, the CDEI sets out the outcomes from an expert forum held in 2020, including recommendations and next steps to be taken to help mitigate misinformation.

The Centre for Data Ethics and Innovation publishes its report on the role of AI in addressing misinformation on social media platforms

UK - 5 AUGUST 2021

Ofcom consultation on proposals for the regulation of advertising on video-sharing platforms closes

Ofcom is seeking views on the regulation of advertising on video-sharing platforms ("VSPs"), including the appointment of the ASA as co-regulator, distinguishing between VSP-controlled and non-VSP-contolled advertising, and how each of these approaches will be regulated. A finalised technology-neutral guidance framework is expected to follow shortly afterwards.

UK - 28 July 2021

2023

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UK AND EU DEVELOPMENTS

Our helpful timeline to keep you updated on all the latest digital regulatory developments across the UK and the EU

Horizon scanning: DIGITAL REGULATION

Head of Media and Digital, UK

LONDON

technology, media and telecomS

+44 20 7466 2079

HAYLEY BRADY

Profile

Senior Associate

LONDON

technology, media and telecomS

+44 20 7466 7582

JAMES BALFOUR

Profile

PROFESSIONAL SUPPORT LAWYER

LONDON

technology, media and telecomS

+44 20 7466 2267

Claire Wiseman

Profile

EMEA Regional Head of Practice

BRUSSELS

Competition, Regulation and TradE

+32 477 822 457

Kyriakos Fountoukakos

Profile

OF COUNSEL

BRUSSELS

Competition, Regulation and TradE

+32 477 822 462

Peter Rowland

Profile

Key contacts

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