EU Digital Services Act

Navigating evolving digital economy regulation requires a sophisticated and proactive approach from dealmakers.

By Tom D. Evans, Deborah Kirk, David J. Walker, Alice Drayton, Catherine Campbell, and Amy Smyth

Amid the ongoing global proliferation of regulation governing the digital economy, EU and UK legislators are taking significant strides toward creating a fairer and safer digital trading environment for consumer and business users. Much of this incoming regulation is applicable to a wide range of actors, impacting the tech sector and beyond, with a particular focus on large platform providers. From the giant-tech focused EU Digital Markets Act to the far-reaching UK Online Safety Bill, the European regulatory landscape is maturing, and regulatory expectations on businesses operating in the digital space are increasing. As a result, sponsors and portfolio companies should begin their assessments of the legal, regulatory, and commercial implications of this changing landscape.

The bill has been introduced into the UK’s Parliament with various amendments to the initial draft published in May 2021, reflecting the extensive feedback received and the challenges in reaching a consensus.

By Gail Crawford, Deborah Kirk, Elva Cullen, Alain Traill, and Victoria Wan

In March 2022, the UK government formally introduced the amended Online Safety Bill into Parliament (the Bill). The Bill features a number of substantial amendments to the government’s initial draft of the Online Safety Bill published in May 2021 (the Draft Bill), as explored below. For background on the broader development of the Online Safety Bill, see Latham & Watkins’ blog series, including a post summarising the Draft Bill.