Trust, Platforms and Safety

As internet services have evolved, regulatory focus upon how users engage and interact with both the services and one another has increased. Preventing and mitigating harmful behaviours and content are at the heart of a number of different laws across the European Union and UK. The concept and scope of platform liability is changing rapidly and significantly as a result. Regulation is examining more closely than ever before the technologies deployed by services to enhance user engagement, as well as the processes, policies and tools used to combat harm and misuse.

Laws which are particularly impacting a wide range of online services include the EU’s Digital Services Act (DSA) and the UK’s Online Safety Act (OSA). Both cast a wide net in terms of type and location of service caught in scope, and both aim to address a broad spectrum of online harms – ranging from illegal content and fraudulent advertising to cyber violence and harm to children. Both also give rise to eye-watering regulatory penalties. Fines under the OSA can reach as high as 10% of a company’s global annual turnover, and both regimes include the ability for regulators to order suspension or permanent cessation of the provision of services in their respective regions.

However, the two sets of laws are entirely separate and, at times, conflict. They also diverge in parts from existing content-specific laws (such as the EU’s Terrorist Content and Child Sexual Abuse Material Regulations) and from overlapping sector legislation (such as the EU’s Audiovisual Media Services Directive). This leads to challenges for in-scope services that need focussed assistance in navigating this complicated jigsaw of regulation.

Cooley’s tech regulatory team includes lawyers experienced in the regulation of online content, platform liability, and child safety and advertising, amongst other key areas. Lawyers on the team have been advising clients on the DSA and the OSA since long before either act was in force, and have a deep understanding of the compliance requirements, regulatory framework and potential for friction with other areas of regulation. Our full-service offering ensures every aspect of clients’ regulatory needs in this area are met, including:

• Engagement at a pre-legislative stage to ensure clients’ concerns are heard.
• Scoping advice to assist clients in understanding which regulations apply to their business.
• Compliance programmes to ensure products and services meet regulatory requirements.
• Management of regulatory engagement and investigations, including challenges to enforcement actions, where necessary.
• Defending against private enforcement/consumer claims.

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