Wilson Sonsini Goodrich & Rosati (LexBlog United Kingdom)

Consumer protection in digital markets has become a major public concern in recent years, and the UK is the latest jurisdiction to introduce legislation aimed at enhancing protections online. The Digital Markets, Competition, and Consumers Act (DMCCA or the Act) introduces significant overhauls to the UK’s legal framework, with implications for businesses with online operations....

On January 14, 2025, the UK government unveiled a proposed framework aimed at combating the rise of ransomware attacks by implementing a payment prevention and reporting regime. This would require companies to not only report all ransomware incidents, but also to declare whether they intend to pay a ransom. The government also announced that it...

In the last month, Ofcom, the regulator tasked with enforcing the UK’s Online Safety Act (OSA), has published guidance enacting requirements under the OSA to carry out illegal harms risk assessments and children’s access assessments. Providers of in-scope services must document an illegal harms risk assessment by March 16, 2025, and a children’s access assessment by April...

The UK’s Online Safety Act (OSA) is a landmark law that will require companies to make online services “safe by design” for all individuals, with a particularly high standard of protection required for children. The OSA was enacted in 2023, and its obligations will come into force in phases throughout 2025 and 2026. This blog...

In October 2024, the UK government introduced the Data (Use and Access) Bill (the Data Bill) to Parliament. The Data Bill represents a third attempt by UK ministers to bring about reforms to the UK’s data protection and ePrivacy regimes. If enacted, the Data Bill will introduce changes to the existing regime, including by reducing...

In recent months, politicians and regulators across a number of jurisdictions have called on operators of online platforms to take seriously their legal obligations to promote a safe online environment. The safety of children online has continued to dominate this conversation, with a recent joint UK-U.S. statement (Statement) declaring that online platforms should “go further...

On April 3, 2024, the UK Information Commissioner’s Office (ICO) released a statement setting out its priorities for protecting children’s privacy online. The priorities reflect the ICO’s strategy for the next phase of implementing its Children’s code of practice (also known as the “AADC”) and signal a focus by the regulator on the operations of...

On February 28, 2024, the UK’s Information Commissioner (commissioner) confirmed that the regulator’s focus areas in 2024 will include artificial intelligence (AI), cookies, biometrics, and children’s privacy. Focus Areas Next Steps Companies should determine if their activities involve the ICO’s enforcement focus areas and exercise caution when offering goods or services in the UK since...

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK. Online platforms and search services that fall within the scope of the legislation will...

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK. Online platforms and search services that fall within the scope of the legislation will...

On September 21, 2023, the UK Government announced the establishment of the “UK-US data bridge” (the Bridge), also known as the UK Extension to the EU-U.S. Data Privacy Framework (the DPF). The announcement promises to simplify compliance issues surrounding the transfer of personal data from the UK to the U.S. Key Facts A Note of...

On September 21, 2023, the UK Government announced the establishment of the “UK-US data bridge” (the Bridge), also known as the UK Extension to the EU-U.S. Data Privacy Framework (the DPF). The announcement promises to simplify compliance issues surrounding the transfer of personal data from the UK to the U.S. Key Facts A Note of...

On August 24, 2023, some members of the Global Privacy Assembly’s International Enforcement Cooperation Working Group published a joint statement on data scraping (Statement). Signatories to the Statement include the privacy regulators of the UK, Australia, Argentina, Canada, Colombia, Hong Kong, Jersey, Mexico, Morocco, New Zealand, Norway, and Switzerland.[1] Notably absent from the list of...

On August 24, 2023, some members of the Global Privacy Assembly’s International Enforcement Cooperation Working Group published a joint statement on data scraping (Statement). Signatories to the Statement include the privacy regulators of the UK, Australia, Argentina, Canada, Colombia, Hong Kong, Jersey, Mexico, Morocco, New Zealand, Norway, and Switzerland.[1] Notably absent from the list of...

On August 9, 2023, the UK’s Information Commissioner’s Office (ICO) and Competition and Markets Authority (CMA) released a joint position paper (the Paper) focused on “harmful” website design practices that may “trick” consumers into giving more access to their personal information. The Paper is targeted at web designers and developers, and it will be particularly...

On August 9, 2023, the UK’s Information Commissioner’s Office (ICO) and Competition and Markets Authority (CMA) released a joint position paper (the Paper) focused on “harmful” website design practices that may “trick” consumers into giving more access to their personal information. The Paper is targeted at web designers and developers, and it will be particularly...

Updated Guidance for Edtech Providers The UK Privacy Regulator (ICO) recently updated its guidance on privacy compliance for providers of education technologies (Edtech). This should be seen as a call to action for Edtech providers to ensure their privacy compliance program is fully up to date. This blog post sets out key elements of the...

Updated Guidance for Edtech Providers The UK Privacy Regulator (ICO) recently updated its guidance on privacy compliance for providers of education technologies (Edtech). This should be seen as a call to action for Edtech providers to ensure their privacy compliance program is fully up to date. This blog post sets out key elements of the...

On June 8, 2023, the UK and the U.S. governments issued a joint statement announcing that they had committed in principle to the establishment of a “UK Extension to the Data Privacy Framework,” which would facilitate flows of personal data between the two countries (the “Data Bridge”). The establishment of the Data Bridge is contingent on an...

On June 8, 2023, the UK and the U.S. governments issued a joint statement announcing that they had committed in principle to the establishment of a “UK Extension to the Data Privacy Framework,” which would facilitate flows of personal data between the two countries (the “Data Bridge”). The establishment of the Data Bridge is contingent on an...

In March 2023, the UK government published the Data Protection and Digital Information (No. 2) Bill (the bill). If enacted, the bill will introduce significant changes to the UK’s data protection laws, with the aim of introducing a simple, clear, and business-friendly framework, while maintaining high data protection standards. Background When the UK exited the...

In March 2023, the UK government published the Data Protection and Digital Information (No. 2) Bill (the bill). If enacted, the bill will introduce significant changes to the UK’s data protection laws, with the aim of introducing a simple, clear, and business-friendly framework, while maintaining high data protection standards. Background When the UK exited the...

The UK Online Safety Bill (OSB or the Bill) cleared an important hurdle in January 2023 after passing its third reading in parliament. The Bill was first published in May 2021 and has been subject to intense scrutiny. If enacted, it will place extensive obligations on providers of search engines and online platforms that enable...

On December 9, 2022, the UK Government’s Department for Digital, Culture, Media, and Sport (DCMS) published a voluntary Code of Practice for App Store Operators and App Developers (Code). The Code sets out eight core principles to be followed by in-scope entities and is intended to help protect end users from malicious and poorly designed...

On August 30, 2022, the California legislature passed the California Age-Appropriate Design Code Act (the Act). Modeled after the UK’s Age-Appropriate Design Code, California’s act drastically changes the landscape of online privacy and content availability for minors in California. The Act goes beyond the current federal protections of the Children’s Online Privacy Protection Act (COPPA) and...

On February 2, 2022, the UK privacy regulator (i.e., the Information Commissioner’s Office or the ICO) issued new model clauses to support data transfers from the UK. Subject to approval by the UK Parliament, the new model clauses will become effective March 21, 2022. Companies transferring personal data outside the UK will have until March...

On November 10, 2021, the UK Supreme Court ruled[1] that class representatives in data privacy class action suits need to prove damage or distress suffered to be successful. Compensation cannot be granted simply by virtue of proving that a company violated the law. The case was heard under the UK’s pre-2018 data protection law, but...

On December 24, 2020, the European Commission (EC) and UK government announced the long-awaited EU-UK Trade and Cooperation Agreement (the Brexit Agreement), which sets out the future relations between the EU and the UK. If approved, the Brexit Agreement will become effective on January 1, 2021, and will have the following repercussions: Free flow of data between the EU...

In a long anticipated ruling, the Court of Justice of the European Union (CJEU) confirmed on October 6, 2020 (joint-cases C-623/17 and C-511/18 et seq., “Ruling”) that general and indiscriminate transmission or retention of traffic and location data for law enforcement and national security purposes breaches EU law. Background The Ruling addressed complaints introduced by...

On January 21, 2020, the Information Commissioner’s Office (ICO) published its final version of its Age Appropriate Design Code of Practice (the code). The code will be submitted to Parliament in the coming days, and, assuming there is no objection, will become effective approximately two months later. This blog post follows our previous update on...