The UK’s Online Safety Act (OSA) imposes extensive obligations on certain types of online service providers to protect users from illegal and harmful content. A key focus of the OSA is the protection of children online, and special obligations are conferred on service providers whose platforms are “likely to be accessed by childrenâ€.
Online Safety Act Update: Ofcom’s Consultation on Measures to Protect Children From Online Harms Closing 17 July 2024
Introduction The UK’s Online Safety Act (OSA) imposes extensive obligations on certain types of online service providers to protect users from illegal and harmful content. A key focus of the OSA is the protection of children online, and special obligations are conferred on service providers whose platforms are “likely to be accessed by childrenâ€. Under the OSA, Ofcom, the UK’s online safety regulator, is required …
Law Commission Consultation –Digital Assets and Electronic Trade Documents in Private International Law: Which Court, Which Law?
The Law Commission of England and Wales has, for the last four years, been heavily focussed on addressing the legal issues that arise in the context of emerging technologies.[1] It has now started work on a new project to examine and clarify how existing private international law does and should apply to emerging technologies – specifically, digital assets and electronic trade documents. It has issued a call for evidence from stakeholders, with responses to be submitted by 16 May 2024.
Online Safety Act Update: Ofcom Proposes Categorisation Thresholds
On 25 March 2024, the UK Office of Communications (Ofcom) published its research and advice to the Secretary of State (SoS) on the threshold conditions that it considers appropriate to determine whether a service falls into Category 1, 2A or 2B under the Online Safety Act (OSA). Category 1 and 2B apply to user-to-user services, whereas Category 2A applies to search services. This advice forms part of Ofcom’s phased approach to implementing its codes and guidance for categorised services under the OSA.
Court of Appeal Considers Incorporation of Terms Into Online Contracts
In Parker-Grennan v. Camelot UK Lotteries Limited, the Court of Appeal considered, for the first time, what needs to be done to incorporate standard terms for goods or services into a contract which is made online.
Law Commission Consults on Draft Legislation Relating to Digital Assets
Following the publication of its final report on digital assets last year, on 22 February 2024, the Law Commission of England and Wales launched a consultation on draft legislation confirming the existence of a ‘third category’ of personal property. The intended effect of the new legislation would be to provide confirmation that digital assets, including crypto-tokens, are capable of being recognised by the law as property.
Digital Asset Fraud: No Final Orders To Be Made Against Unidentifiable ‘Persons Unknown’
In its recent decision in Boonyaem v. Persons Unknown Category A, Persons Unknown Category B and INGFX Limited, the High Court of England and Wales addressed some of the key issues that have frequently arisen in cases of digital asset fraud. Notably, while the judge granted summary judgment against ‘persons unknown’ who were currently anonymous but identifiable, he refused to enter judgment against ‘persons unknown’ who were both anonymous and unidentifiable.
UK Antitrust Regulator Outlines Guiding Principles for AI Foundation Model Market
Like many regulators across the globe, the UK Competition and Markets Authority (CMA) has been hypervigilant in watching the development of the artificial intelligence (AI) foundation model market.
Following a five-month initial review into the market launched earlier this year, the CMA published its initial report on the UK market for AI foundation models on 18 September 2023.
The report outlines a series of proposed guiding principles for the AI foundation model market, which will be relevant to any organisations that are developing or deploying foundation models in the UK.
UK Financial Conduct Authority Urges Social Media Platforms, Search Engines and Apps to Check Warnings of Non-Authorised Cryptoasset Businesses
Regardless of whether you are in the UK, or the type of technology you use, companies marketing ‘qualifying cryptoassets’ to customers in the UK will need to comply with the Financial Conduct Authority’s financial promotions regime. We published a Cooley alert summarising the regime in March 2023. Last month we noted that the FCA had published a “final warning†reminding companies promoting cryptoassets to UK consumers that they must get ready for the regime.
UK OFSI Uses Disclosure Power as FCA Reviews Sanctions Compliance Systems
On 31 August 2023, the UK Office of Financial Sanctions Implementation (OFSI) used its new disclosure enforcement power for the first time, issuing a report against Wise Payments Limited for breach of financial sanctions. The use of this power is a significant step in OFSI’s efforts to ensure compliance with the UK’s financial sanctions regime and deter future breaches. In addition, OFSI has updated its monetary penalties guidance, shedding further light on how it will use the disclosure power in the future.