The objectives of the European Union's Digital Service Act (DSA) and the UK's Online Safety Act (OSA) are materially similar – making the internet a safer place for those that access it in the EU and UK, respectively. However, the laws take different approaches to achieving this objective.
With the DSA having come into force 16 November 2022 and the OSA receiving Royal Assent on 26 October 2023, we take a high level look at some of the key overlaps and differences that in-scope digital service providers will need to consider under both regimes.
The legislation is lengthy and complex. You can read more about the OSA here and about the DSA here.
Note we do not consider obligations on search services or pornographic consent services in this publication.
Louise Popple provides a table summary of the main obligations under the OSA.
1 of 9 Insights
Louise Popple looks at the range of businesses caught within the scope of the OSA.
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Xuyang Zhu and Danielle Owusu give an overview of safety duties in relation to the different types of illegal and harmful content covered by the OSA.
3 of 9 Insights
Megan Lukins looks at the application of the OSA to user-to-user content likely to be accessed by children.
4 of 9 Insights
Debbie Heywood looks at Ofcom's wide range of duties and powers under the Online Safety Act.
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Debbie Heywood looks at what to expect from Ofcom as its powers under the Online Safety Act commence.
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Mark Owen looks at requirements to carry out risk assessments under the OSA.
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Timothy Pinto asks whether the OSA has found the right balance between protecting freedom of expression, privacy, journalistic content and content of democratic importance, and protecting online users.
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