Online service providers gearing towards the EU and UK markets now face a regulatory landscape redefined by the newly introduced Online Safety Act (the “OSA”) from the UK, as well as the EU’s Digital Services Act (the “DSA”). Both legal frameworks aim to enhance internet safety by focusing on online service providers’ systems and processes.
Originating from Orrick, Herrington & Sutcliffe LLP, both the OSA and DSA intend to address the onerous task of making the internet a safer space. However, contrasts between these laws imply that online service providers servicing UK and EU users may need to evaluate which rules from each law apply to their operations.
The UK’s OSA represents a significant step in stringent regulation of the internet, putting responsibility on internet companies to safeguard their users from harmful content. Its provisions cover a broad array of digital mediums, encompassing user-generated content as well as search services. The OSA mandates that web-hosting companies have a ‘duty of care’ to protect children from harmful content and give adults the chance to make informed decisions about their safety online.
On the other hand, the EU’s DSA aims to create a safer and more open digital space, with increased responsibilities proposed for online platforms. It provides structure for the removal of illegal content, safeguards for users’ fundamental rights, and a transparency mandate for online platforms’ algorithms.
The intersection of these regulatory policies creates a complex legal environment for online service providers operating in the UK and the EU. The differing requirements necessitate a thorough analysis of which laws’ provisions apply to each service.
Comprehending and adhering to these new legal frameworks will be critical for online service providers moving forward. Legal professionals in this space should familiarize themselves with the detailed requirements of both acts to ensure full compliance and avoid potential infringements and penalties.