Digital services

Featured

The EU Digital Services Act has been published in the Official Journal

The Digital Services Act (DSA), which creates harmonised EU rules for the regulation of intermediary services and illegal online content, has been published in the Official Journal of the European Union on 27 October. The DSA will enter into force on 16 November 2022, 20 days after its publication. The majority of the DSA's provisions will apply from 17 February 2024, although there are exceptions notably for (i) reporting obligations for online platforms and search engines and (ii) providers that are designated as a “Very Large Online Platform” (VLOP) or “Very Large Online Search Engine” (VLOSE) where requirements can start applying earlier.

Antitrust

The Digital Markets Act has been published in the Official Journal

The Digital Markets Act (DMA), the novel regulatory regime for large digital companies - the so-called gatekeepers - has been published in the Official Journal (OJ) of the European Union today. As a result, as provided in the DMA, it will enter into force 20 days after the publication in the OJ, i.e., on 1 November 2022. A limited number of provisions will start applying on this date.

Cyber

Digital services regulation in the EU: an evolving landscape

The regulatory landscape for digital services is being fundamentally redefined in the European Union (EU), with a boom in the number of legislative initiatives progressively introduced and increasing extraterritorial reach. This briefing provides a bird's eye view of some of the most recent adopted and pending proposals: the Digital Services Act, the Data Governance Act, the Digital Markets Act, the Data Act, the Cybersecurity Directive (NIS2), the Artificial Intelligence Act and the e-Privacy Regulation.

Data

Still carrying on: High Court of Australia to decide whether Facebook 'carries on business' in Australia

The High Court will hear Facebook's challenge to the Full Federal Court of Australia's finding that it 'carries on business' in Australia. The High Court's decision, once handed down, is expected to provide clarity as to the obligations of offshore organisations under Australian privacy laws

Data

Instagram hit with historic GDPR fine: EU privacy watchdog urges companies to "leave them kids alone"

On 2 September 2022, the Irish Data Protection Commission (the DPC) issued a 405 million euros fine against Instagram for violating children's privacy under the EU General Data Protection Regulation (GDPR). In addition to becoming the highest fine ever handed down by the Irish regulator and the second-largest fine issued under the GDPR, this decision is undoubtedly part of a regulatory trend in the EU over the last few years regarding processing of children data, which can no longer be ignored.

Digital Tax

Digital services

The Digital Services Tax in Spain

Online advertising, online intermediation and data transmission subject to DST

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Tech

Tech Policy Unit Horizon Scanner

The Tech Policy Unit Horizon Scanner is our monthly dive into the key tech policy and legislative developments around the world.

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Digital services

Worldwide taxation: the OECD plans for a digital tax solution

Does this mean a real chance of retaliatory taxes or even a trade war?

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Upcoming events

EVENT: 03 October 2023: Applied ethics and generative AI – challenges and prospects for businesses (In-person – Canary Wharf, London)

The latest session in our Ethics Series, organised in conjunction with the Canary Wharf G30 Conduct and Culture Group and Canary Wharf Multifaith Chaplaincy, will explore the ethical issues for businesses arising from the use of generative AI. The discussion will focus on how to get the best out of the new technology given the various ethical challenges it presents around accuracy, consistency, plagiarism, breach of copyright, data privacy and confidentiality, deep fakes, cyber-attacks, hallucinations and inherent bias. We will also look to the impact on future generations, and the ethical implications of the changes that AI may bring on society.

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Clifford Chance