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The European Commission is increasing pressure on e-commerce platforms, with fast fashion retailer SHEIN currently at the center of multiple investigations.
Isadora Werneck
The UK’s Online Safety Act 2023 (OSA) introduces a new legal framework to make the internet safer, especially for children. It places firm duties on online service providers to prevent and remove harmful or illegal content. A recent case involving OnlyFans demonstrates that Ofcom takes the enforcement of the OSA and other online safety regulations seriously. Fenix International Limited, the company behind OnlyFans, was fined £1.05 million for providing inaccurate information about its age verification processes.
05 May: Ofcom Initiates First Investigation into Individual Service Provider Under Online Safety Act
Ofcom has opened its first formal investigation into an online service provider under the Online Safety Act (OSA). The regulator is looking into whether the operator of an online forum has failed to meet its legal duties under the new law. Specifically, Ofcom is examining whether the provider has:
On April 23, 2025, the European Commission wrapped up investigations into Apple and Meta (Facebook) for breaking rules under the Digital Markets Act (DMA). Apple was fined €500 million for limiting how app developers can guide users to pay outside the App Store (a practice called “anti-steering”), and Meta was fined €200 million for giving users a “pay-or-consent” choice — either allow their data to be used for personalized ads or pay for an ad-free version.
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The UK’s Online Safety Act (OSA) introduces new rules for online platforms that allow users to interact or provide search services. If your business offers online services in the UK, you need to understand these changes and how they affect you.
On 1 January 2025, the UK’s new regime for regulating digital markets, set out in the Digital Markets, Competition and Consumer Act 2024 (DMCCA), came into effect, bringing major changes to consumer protection law. The DMCCA gives the Competition and Markets Authority (CMA) strong enforcement powers, including the ability to impose fines based on a business’s global turnover. If your business deals with UK consumers, it’s essential to understand the impact of these changes and prepare for compliance.
The Online Safety Act (OSA) places legal responsibility on businesses operating a wide range of online services to keep UK users safe online. All in-scope services (see more information below) with a significant number of UK users or targeting the UK market are covered by the OSA, regardless of where they are based. One of the first deadlines is for online service providers to complete an illegal content risk assessment by 16 March 2025. In this article, we’ll explain what this means and how your business can comply.
The UK’s Online Safety Act introduces new rules for implementing online age checks. It requires service providers offering pornography or other harmful content to implement ‘age assurance’ to prevent children from accessing it. If your service falls within this scope in the UK, there are specific rules you need to follow, which we’ll explain in today’s article.
The way businesses work and connect with customers has changed a lot in the digital age. To adapt to this changing landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a ground-breaking regulatory framework designed to govern digital platforms and services and established a new set of rules to regulate these service providers.
With Black Friday, Cyber Monday, and Christmas sales around the corner, online businesses have a prime opportunity to increase sales. But with great opportunities come responsibilities — especially for businesses targeting European Union (EU) consumers. Here’s a practical legal guide to help you maximise seasonal sales while staying compliant with EU laws.
Online platforms that allow users to share content are required to manage content moderation and, when necessary, suspend user activities for violations of legal obligations or platform rules. The Digital Services Act (DSA) sets out important guidelines for these platforms, especially regarding the suspension of user accounts or activities. This article explains the conditions under which platform providers can suspend user access, offering practical advice and examples for platforms that must comply with these rules.
28 Oct: Promotion Rules for Cryptoasset Firms: Key Insights from the UK’s Financial Promotion Regime
Cryptoassets are often in the news and have come under greater regulatory scrutiny in recent years. Incidents like the collapse of FTX and price volatility have raised concerns. To protect consumers, UK public authorities are introducing specific rules for promotions conducted by the crypto sector.
To engage customers responsibly, businesses need to find a balance between strong marketing efforts and fair commercial practices. The European Union (EU) has strict regulations to protect consumers from unfair commercial practices, and it’s vital for e-commerce companies to understand and comply with these rules. Failure to do so can result in legal penalties and harm a brand’s reputation.
In a significant development, various EU consumer organizations, including the European Consumer Organisation (BEUC), have lodged a formal complaint with EU authorities against leading video game companies. This complaint alleges that these companies engage in practices that violate EU consumer protection laws, raising critical concerns about compliance and consumer rights.
In 2023, Citizens Advice revealed a staggering figure: consumers spent nearly £2.1 billion on items they didn’t want, need, or later regretted over the course of a year. This spending was largely driven by manipulative online choice architecture – a design strategy used by e-commerce websites that push consumers into making quick decisions they might regret.
The laws in the European Union (EU) provide consumers with the right to change their minds and cancel online purchases within a 14-day period. However, questions have emerged about the applicability of this right when subscriptions automatically renew, especially post a free trial. The European Court of Justice (ECJ) provided clarity on this issue through a case involving a dispute between a consumer protection association and an online learning platform in Austria.
Enforcing the Digital Services Act (DSA) involves a broad spectrum of investigative and punitive measures accessible to both national authorities and the European Commission. The Commission takes the lead in supervising and enforcing the DSA, assisted by Digital Services Coordinators and the Board.
The term “dark patterns” has become increasingly relevant, sparking concerns among online businesses. Recent actions by EU authorities have placed a spotlight on these tactics, prompting companies to revaluate their digital strategies. In this article, we’ll delve into what dark patterns entail, explore their legal ramifications, and offer insights for businesses navigating this landscape.
You’re scrolling through your favorite dating app, hoping to find a connection, when suddenly you discover that the prices you see aren’t the same as what others are seeing. Imagine the frustration of realizing that the premium services you desire come with a price tag tailored specifically for you, without your knowledge. It’s akin to navigating a maze blindfolded, unsure of whether you’re getting a fair deal or not.
The European Parliament recently approved the Artificial Intelligence Act (AI Act) on March 13, 2024, which is set to establish comprehensive regulations governing the use of artificial intelligence (AI) within the European Union (EU). Much like the influential impact of the General Data Protection Regulation (GDPR) on data privacy, the AI Act aims to set a global standard for AI regulation by imposing obligations on AI systems based on their potential risks and impacts.
The laws in the United Kingdom (UK) and the European Union (EU) provide consumers with the right to change their minds and cancel online purchases within a 14-day period. However, questions have emerged about the applicability of this right when subscriptions automatically renew, especially post a free trial. The European Court of Justice (ECJ) recently provided clarity on this issue through a case involving a dispute between a consumer protection association and an online learning platform in Austria.
The Digital Services Act stands out as the most important and ambitious regulation globally in the realm of protecting the digital space against the spread of illegal content and safeguarding users’ fundamental rights, heralding a safer and more equitable online environment throughout the European Union (EU). With the deadline for compliance approaching, this article breaks down the crucial next steps to help your online business get on the right track.
When selling products or services online, having fair and clear rules in your contracts with customers is crucial. These rules, often outlined in Terms and Conditions (T&Cs), need to be done right – presented correctly, at the right time, and definitely without any blacklisted, grey-listed, or otherwise unfair terms.
The European Commission has officially opened formal proceedings against X, formerly known as Twitter, under the Digital Services Act (DSA). This formal action aims to determine if X has violated the DSA in areas such as risk management, content moderation, dark patterns, advertising transparency, and the provision of data access for researchers. This is the first time the commission has launched formal proceedings under the DSA.
The European Union’s Digital Services Act (DSA) has ushered in a set of regulations to govern online services. For businesses operating beyond the EU but catering to its customers, a new rule mandates the appointment of a “legal representative”. In simple terms, this article breaks down why this requirement matters and how it helps your business follow the DSA.
As Black Friday, Cyber Monday, and Christmas deals approach, online businesses operating in the European Union (EU) need to be mindful of the regulations governing promotions and sales. Reports of shopping scams and strict penalties for misleading practices emphasize the need for online retailers to align their promotional strategies with both legal and consumer expectations.
In the United Kingdom, promotional activities like lotteries, competitions, and prize draws are common marketing tools used by businesses to attract customers. However, these activities are governed by specific laws and regulations to ensure fairness and transparency. Understanding the differences between these promotions and the relevant legal framework is crucial for business.
In the ever-evolving digital landscape, where the complexities of internet use have never been greater, the introduction of the Online Safety Act marks a milestone in the regulation of online conduct and the protection of users in the United Kingdom (UK). This article aims to provide a overview of the Online Safety Act, its key provisions, and the implications for affected businesses.
Online shopping has become a staple of modern commerce, and with it comes the necessity for clear consumer protection laws. Here’s a comparison of the rights of consumers in Switzerland and the United Kingdom (UK) when it comes to returning goods purchased online.
The way businesses connect with customers has changed a lot in the digital age, offering new opportunities but also presenting new risks. To address this evolving landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a pioneering regulatory framework aimed at governing digital platforms and services while establishing new rules to regulate these service providers.
The European Union (EU) has taken a significant step forward in regulating online marketplaces with the new Digital Services Act, a pioneering piece of legislation that introduces various requirements for online platforms and other online service providers. One of the key provisions affecting online marketplaces is the “Traceability of Traders”, which aims to enhance transparency and accountability in the digital marketplace.
The European Union’s Digital Services Act (DSA) has ushered in a new era of online content regulation, aiming to create a more legally harmonized framework across the EU. It affects online intermediaries who offer their services (goods, content or services) on the European market, from e-commerce marketplaces and app stores to video-sharing platforms and search engines.
The way businesses work and connect with customers has changed a lot in the digital age. To adapt to this changing landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a ground-breaking regulatory framework designed to govern digital platforms and services and established a new set of rules to regulate these service providers.
As the digital landscape continues to evolve, the UK government is taking action to regulate digital markets and change its competition and consumer protection regimes. One example is the proposed Digital Markets, Competition and Consumers Bill (DMCC), which aims to significantly improve consumer protection, enhance the enforcement powers of the UK’s Competition and Market Authority (CMA) and introduce substantial penalties for non-compliance. In this article, we will explore the key objectives of the DMCC and its implications for online businesses.
Gift cards have become a popular option for offering gifts and rewards in the Business-to-Consumers (B2C) domain. As a business operating in the UK, it is crucial to understand the legal rules surrounding gift cards to protect both your customers and your business. In this article, we will outline the key legal rules that gift card providers should be aware of and explain how you can comply with them.
Social media giant WhatsApp has made a significant commitment to improving transparency and user rights concerning changes to its terms of service. In response to a joint action led by the European Consumer Organisation (BEUC), Competition and Consumer Protection Commission (CCPC), the Swedish Consumer Agency, and the European Commission (EC), WhatsApp has agreed to implement measures that ensure users are well-informed about the impact of updates to its terms of service. In this article, we will describe WhatsApp’s commitments and the implications for users, as well as highlight how other online companies can learn from these developments.
Recent findings from the CPC Network have brought to light worrisome practices regarding recurring subscription payments in the European Union (EU). These practices have led many customers to unwittingly sign up for unwanted subscriptions, thanks to deceptive techniques employed by online businesses (for more information, click here). It was discovered that 10% of EU consumers have fallen victim to such unwanted subscriptions in the past. In response, the European Commission, in collaboration with the CPC Network, worked with major card schemes like Mastercard, VISA, and American Express to introduce new rules that promote clarity and informed decision-making for consumers.
Online platforms have become the go-to destinations for individuals seeking information, products, and services. In this context, search result rankings have become an essential feature, enabling users to easily search for products or compare different options. Think of it as a virtual personal shopper, always at your service, showing results that are (supposedly) tailored to your preferences.
As an online business operating within the European Union (EU), it is crucial to be aware of the legal obligations and mechanisms in place to ensure consumer protection and dispute resolution. The European Online Dispute Resolution (EU-ODR) platform is a vital component of this framework. In this article, we will explore the EU-ODR platform and the key obligations, providing valuable insights for online businesses in the EU.
The European Commission has confirmed 19 online platforms and search engines identified as ‘very large online platforms’ (VLOPs) and ‘very large online search engines’ (VLOSEs) for the purposes of the EU’s Digital Services Act (DSA). Such companies must comply with the most stringent rules of the DSA.
Terms and conditions (T&Cs) are the terms of the legal contract between your business and your customers for the supply of goods or services that sets out the rights and obligations of both parties. This contract governs the relationship with your clients and is essential when starting your online business.
If you’ve decided to offer gift cards on your website, you’re not alone. The gift card industry in Europe was valued at $140.1 billion in 2021 and is expected to grow fourfold by 2032, a 12.4% compound annual growth rate. Closed-loop gift cards, which are limited to purchasing good and services at the merchant listed on the card, are a terrific way to gain new business and increase sales. Open-loop gift cards offer…
Gift cards are popular with consumers for many reasons. They are easy, last-minute gifts that let the recipient choose something they want. But imagine the following scenario: you order a gift card for your niece at her favourite store. You brag to your sister about it only to find out that the store was last year’s news. She’s moved on to the latest influencer-inspired trend. To be the cool Aunt, you want to return the gift card, so you can buy her one at her new favourite store. As you bought the card online in the EU, you have 14 days to change your mind. So, what do you need to know as a business about the right of withdrawal for gift cards?
The EU’s Digital Services Act (DSA) came into force on 16 November 2022. In our previous article on the topic, we introduced some of the key requirements of this new legislation affecting online service providers in the EU. While most of the DSA’s obligations will only start to apply from 17 February 2024, specific transparency obligations will already come into effect from 2023. In this article, we look at this upcoming DSA deadline and outline what it means for online businesses in the EU.
One of the key provisions introduced by PSD2 was a set of security requirements for electronic payment processing, which includes the so-called “strong customer authentication” (SCA). SCA rules have a significant impact on the lives of online businesses and consumers.
When the current EU General Product Safety Directive was defined in 2001, e-commerce platforms were just emerging in the European Union (EU). Internet e-commerce was in its infancy, worth around €172 billion, of which 87% was B2B.
Choosing a good partner is crucial to the success of any outsourcing initiative. In some ways, it can be like a marriage. You look for a partner that complements you, that brings something different to the table, but who you can also trust and grow with. Planning and having a clear goal of what you want to achieve through that partnership is an important part of the process.
Replacement of “Black Friday” with “Green Friday” (they say Green is the new Black), increase in reported shopping scams and high penalties for misleading practices are just some of the complaints and effects associated with certain Black Friday deals and other online sale campaigns.
Today’s world is in flux. Employees have discovered the joys (and pains) of remote work. Location no longer matters for most professions, even retail. Freshii, a Canadian take-out, uses virtual cashiers based overseas to take orders. Virtual conferencing such as Zoom or virtual worlds such as “Decentraland”, enable face-to-face collaboration from anywhere on the planet.
Current-day digital services, technologies and business models are near-unrecognisable from their counterparts covered by the E-Commerce Directive of the year of 2000. Some of the Directive’s key principles and provisions are outdated and no longer compatible with the newest technologies and business practices. It soon became apparent that a new package of legislative measures would need to be adopted at the EU level.