Digital markets have experienced significant growth and dominance by a few companies and their platforms, raising concerns about competition, consumer choice, and data access. To address these issues, both the European Union (EU) and the United Kingdom (UK) have introduced regulatory reforms.

The EU has implemented the Digital Markets Act (DMA) and the Digital Services Act (DSA), while the UK has proposed the Digital Markets, Competition, and Consumer Bill (DMCCB) and the Online Safety Bill. 

We’ll look at the regulatory approaches taken by the EU and UK, highlighting similarities and differences in scope, applicability, the importance of consent and how to get started with compliance.

Data privacy regulations in the European Union 

The Digital Markets Act applies to companies designated as “gatekeepers” by the European Commission. Gatekeepers are the owners and providers of what the Commission identified as core platform services (CPS), such as search engines, social networking services, video-sharing platforms, and cloud computing services. 

Companies designated as gatekeepers must carry out self-assessments to determine that they have met and continue to meet both quantitative and qualitative criteria. The list of gatekeepers may grow or change over time based on these criteria. 

The quantitative criteria include a minimum annual turnover of €7.5 billion in the EU and at least 45 million active monthly users on the relevant platform or service in the last three financial years. Qualitative criteria consider the impact, importance, and market position of the CPS provider.

The DMA’s requirements are similar in many respects to those of the EU’s General Data Protection Regulation (GDPR), but are broader in some ways, addressing additional access to and uses of end users’ personal data. 

Data privacy regulations in the United Kingdom 

The Data Protection Act 2018 (“DPA”) covers the general processing of personal data in the UK and came into force on 25 May 2018, just before the EU GDPR took effect.

Following the end of the Brexit Transition Period, the EU GDPR became part of UK law through the European Union Withdrawal Agreement, and the Data Protection, Privacy and Electronic Communications Regulations 2019 (Exit Regulations). 

The EU GDPR gave rise to the UK GDPR, which came into force on January 1, 2021, as the EU GDPR no longer protected UK citizens’ data. It includes the provisions of the EU GDPR with only minimal changes to the core principles, rights and obligations for data protection.

The UK GDPR and the DPA 2018 (amended version) are now the principal data protection regulations in the UK. They require businesses to protect individuals’ data, obtain consent to collect and use it, and protect data subjects’ rights.

The Privacy and Electronic Communications Regulations (PECR) implemented the EU’s ePrivacy Directive (Directive 2002/58/EC) and sets out privacy rights relating to electronic communications. The PECR came into force in 2003 and .

The “British DMA”: Enter the Digital Markets, Competition, and Consumer Bill (DMCCB)

In the U.K., Parliament has yet to pass the British equivalent of the DMA, the Digital Markets, Competition, and Consumer Bill, or the DSA equivalent, the Online Safety Bill.

The DMCCB applies to digital commercial operations in the UK or affecting the UK market, which are deemed to have Strategic Market Status (SMS). The definition of a digital activity is broad and includes any service provided via the internet. 

To qualify as an SMS, a firm must meet criteria such as conducting a digital activity linked to the UK, having substantial market power, and holding a position of strategic significance. Turnover thresholds of £25 billion global turnover and/or £1 billion UK turnover are also considered.

Obligations and requirements

European Union: Digital Markets Act

The DMA imposes various behavioral obligations on gatekeepers. These include allowing third-party interoperability, granting access to user-generated data, promoting fair competition, and prohibiting preferential treatment of the gatekeeper’s services. 

Gatekeepers must appoint compliance officers and submit annual compliance reports to the Commission. 

Additionally, gatekeepers are required to inform the Commission about mergers (any “intended concentration”  irrespective of whether they’re notifiable under the EU Merger Regulation or national merger rules. (DMA Art. 14.).

United Kingdom: Digital Markets, Competition and Consumer Bill

Strategic Market Status (SMS) firms in the UK will be subject to strict behavioral obligations under the DMCCB. These obligations revolve around fair trading, open choices, trust, and transparency. 

The specific requirements will be tailored by the Digital Markets Unit (DMU) and the Office of Communications (Ofcom), the regulatory bodies overseeing the DMCCB and the Online Safety Bill, respectively. 

SMS firms must also report proposed acquisitions meeting certain thresholds to the DMU.

EU vs. UK processes

European Union: (Digital Markets Act)

The EU’s legislative-driven model designates gatekeepers based on size and imposes behavioral expectations through regulation. The European Commission develops and enforces these requirements for compliance from gatekeepers.

United Kingdom: Digital Markets, Competition and Consumer Bill (DMCCB)

The UK’s approach involves more regulatory discretion. The DMU and Ofcom determine if a company has Strategic Market Status and tailor specific remedies accordingly. This approach allows for a more flexible and tailored oversight of digital platforms.

Participatory regulation

In the UK, both the DMU and Ofcom adopt a participatory regulation approach. This means regulators work closely with target companies to develop behavioral expectations and codes that can be enforced. The companies conduct their own Duty of Care analysis, which is reviewed by regulators that provide guidance and work collaboratively to define behavioral codes.

This means that beyond what’s defined by the two regulations, gatekeepers and SMS are required to determine their own privacy requirements to apply to third-party businesses using their services.

The importance of consent management for EU, EEA and UK companies

While both the European Union’s Digital Markets Act (DMA) and the United Kingdom’s Digital Markets, Competition and Consumers Bill (DMCCB) emphasize the significance of obtaining user consent for data processing activities, there may be variations in specific requirements and implementation.

To address these differences and get ready for data privacy compliance, follow these steps:

1. Understand the regulations

Familiarize yourself with the specific consent requirements outlined in both the DMA and DMCCB. Identify any variations in terms of lawful bases for processing, explicit consent, and additional obligations.

2. Assess your website or online platform’s data processing

Assess your organization’s data processing practices and identify any areas of noncompliance. Scan your website and check its degree of GDPR compliance.

3. Implement a leading European consent solution

Choose a consent management platform that enables GDPR and ePrivacy-compliant user consent collection and signaling for DMA compliance. Ensure that the CMP provides features such as granular consent options, secure recordkeeping, and user-friendly interfaces.

The specifics of CMP implementation do depend on what platforms you’re using, like your CMS, as well as other tools, including Google Tag Manager and other services. Cookiebot CMP is flexible, has direct integrations with leading website platforms, and can be installed with just a few lines of JavaScript. There’s also a cookie WordPress plugin.

4. Customize consent banners

Tailor the consent banners displayed on your website or online platform to meet the specific requirements of each regulation. Provide clear information about data processing activities, purpose specification, and the ability to manage preferences.

5. Update your privacy policy

Review and update your privacy policy to align with the requirements of the DMA and/or DMCCB. Include details about the types of data collected, the purposes of processing, parties with access to the data, and how user consent is obtained and managed.

6. Train your team

Educate your staff about the nuances of both regulations and the proper implementation of consent management. Ensure they understand their roles and responsibilities in obtaining and managing user consent.

Final thoughts

The UK and EU regulatory initiatives are creating de facto global digital risk management standards, by taking significant steps to regulate digital markets and addressing concerns related to market dominance, competition, consumer choice, and data access. 

While the EU has implemented the DMA and DSA, the UK is in the process of enacting the DMCCB and the Online Safety Bill. The approaches differ in some aspects, but there’s a shared goal of promoting fair competition and protecting consumer interests.

As a web developer team, our responsibility is in providing support to other companies. We make sure that websites look and work well for the businesses that need them. Our team serves as an expert extension of our clients so they can focus on their actual operations.

We take pride in our work and it looks like our efforts are paying off. We’re very happy to announce that we’ve been given an award. SoBold was named as a top UK web developer by Clutch for the year 2021.

Clutch is a ratings and reviews company that uses a unique verification process that ensures all of the content on their platform comes from legitimate sources. They then leverage this information to create ranked lists of the best performers in every industry around the world. The best of the best then get an award.

The best part of all this award is that it’s not decided by a panel of faceless judges. It’s based on the reactions of the people that worked directly with us. They’re the people in the best position to judge or critique our work. In fact, here’s what our Director had to say when we got the news.

“We are absolutely delighted to be chosen as one of the leading WordPress Development agencies in the UK by Clutch and look forward to continued growth and development to fulfil our potential.” Will Newland, Managing Director, SoBold.

If you want to partner with a team that will provide expert support and service to ensure your website is the best it can be, give us a call. Fill out our contact form and we’ll set up an appointment as soon as possible.

We recently had a friendly debate in our office of which we thought was a better experience but putting personal bias aside there is no right or wrong answer. It all depends on the type of service you are providing.

Content is what defines your website and the reason why your audience will return again and again. Choosing the right browsing experience based on your unique content will enrich the experience rather than leave your audience feeling confused and frustrated.

What is infinite scrolling?

I think it’s fair to say at some point we have all fallen down the rabbit hole of endless scrolling. In short infinite scrolling is a technique used to fetch a continuous source of information as a user reaches the bottom of a page. Pinterest and Unsplash are great examples of the use of dynamic content.

What is pagination?

Pagination is the sequence of numbers used up to divide pages of content that a user can control, you’ll see this commonly used on large e-commerce sites or information websites that update content regularly. 

The pros and cons of:

Infinite scrolling 

Pros:

• Continually scrolling as we know is addictive, a pro…debatable but it does have a better usability experience than clicking

• There is a better chance of user engagement

• Users have the opportunity to discover new content with little to no thinking

• Thanks to social media continuously scrolling on mobile has become the prefered way to interact with content

Cons:

• There is no way for the user to reference or bookmark content of interest
• If done incorrectly it can have an impact on site performance as the page needs to load infinite content as the user scrolls
• Your user will never reach the footer which may house important information for them

Pagination

Pros:

• Your pages will have a good conversion rate because as people are searching it will show in a specific list of items
• It will give your users a scene of control and clarify how long it will take them to find what they are looking for.
• A returning user will be able to identify quickly where the content is

Cons:

• It obstructs the user experience which will lead to lower engagement rates
• If not implemented properly can cause confusion
• So which one is better for you? The bottom line is no ideal or stronger one, it all comes down to your UX and content requirements. The best thing to do is to analyse web and user goals and make decisions based on them. 

SoBold is pleased to announce that they have renewed their contract with Transport for London to manage and support a bespoke Cookie Consent Management Tool for use across TfL’s portfolio of websites which includes 30 domains.

SoBold recently became only the 3rd Platinum Certified Cookiebot Partner in the UK having been an authorised Reseller of Cookiebot since the new General Data Protection Regulation (GDPR) came into place on 24 May 2018.

Transport for London’s desire to extend its relationship with SoBold for a further year, highlights the importance of the work SoBold are doing to manage its bespoke Cookie Consent Management solution across its portfolio of website which have missions of visitors per month. The contract renewal cements SoBold’s position as one of the leading Cookiebot resellers. 

For more information on SoBold’s work to date with Transport for London, see their case study.

SoBold Technical Director, Sam Phillips said:

It is great to see Transport for London renew its cookie management contract with SoBold for a fifth successive year. Over the last year we have continued to evolve their bespoke solution adding in full IAB TCF support as well updating the design to reflect TFL’s updated guidelines. We’re looking forward to continuing to support TfL over the next 12 months.

Summary

In the first few months of 2023, generative AI has burst on to the scene and begun to change our relationship with technology forever. Already, there’s plenty of evidence to suggest that people in a wide range of jobs will have to adapt quickly or risk being replaced. In this article, we explore the impact AI is having on the web design and development industry, as well as how businesses, and people, should approach working with this innovative technology. 

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AI tools are nothing new. We’ve all been using them for years, from chatbots to predictive text to voice-controlled assistants like Siri and Alexa. But the recent mainstream adoption of AI tools such as Chat GPT, and the rapid advancement of the technology itself, has caused huge disruption across a number of industries. 

Many assumed that people like marketers, software developers, and UX and UI designers would be some of the last ones at risk of having their jobs taken by AI, due to their need for creative skill and use of human emotion. Ironically, these roles have been some of the first to come “under threat” over the past few months.

AI’s speed and efficiency is already forcing us to ask questions about the future of the web design and development industry. With that in mind, one question in particular has dominated discussion online so far this year:

Are our jobs in danger of being taken by AI? 

By now, you’re almost certainly aware that AI offers incredible value by accelerating workflows and augmenting skills. Some of the most beneficial use cases lie in: 

• Brainstorming and ideation
• Assistance in research and information-gathering
• Writing copy
• Writing code 
• Image and video creation 
• Data analysis 
• Automating manual processes.

AI can also devise entire business and marketing strategies, solve complex problems, and even create its own AI-powered applications from scratch. Perhaps most importantly, it can do all these tasks in a matter of seconds, when most of them would take a human several hours, days or even months. 

The Latest News and Tools (at the Time of Writing)

Over the past few months, there are more and more AI-powered tools being released on an almost daily basis. 

The number of AI tools that have been released recently is staggering, and the capabilities of some of them is truly mind-blowing. Just last month, in March 2023: 

• GPT-4 was released as an upgrade to Chat GPT. GPT-4 can understand images, process 25,000 words in one go, earn a top 10% score on complex exams, and even demonstrate some advanced reasoning capabilities. 

• Adobe released Firefly, which is a programme with a range of new generative AI features. It can create outstanding new content using simple language, with almost-unlimited creative options like turning 3D compositions into photorealistic images and automating advanced video editing processes. 

• GitHub launched CoPilotX, which can supposedly boost coding speed by up to 55%. CoPilotX has similar features to Chat GPT, but will be used by software engineers and developers to boost productivity and time-to-market. 

• And, just last week, Stability AI released its Stable Diffusion XL model, offering photorealism through an intricate editing interface. It’s reportedly built with around 2.3 billion parameters. 

It’s both exciting and terrifying to think these highly intelligent tools are just the tip of the AI iceberg. When you consider how common it’s now become to use AI to develop even more advanced AI, it seems that the rate of evolution will only continue to increase exponentially from here. 

How is AI Transforming Design and Development?

While these AI tools are extremely impressive, it’s not as straightforward as simply plugging them in and sitting back while they literally do your work for you. It’s possible we may get there one day, but right now we believe we’re a long way off.

These tools are highly sophisticated and intuitive, and their adoption is probably going to change the way we all work forever. However, this should be seen as technology that will augment and enhance people’s ability to do their jobs, or create new jobs entirely, rather than “steal” them away from us. 

The current use cases for AI are mostly just ways for you to do your work, much faster and more effectively. This could either be done by automating processes to save time, or by supplementing your existing skill-set with new capabilities with the help of AI. For example, if you wanted to convert your code from one language into multiple languages, you would be able to do this with the help of Chat GPT. 

When it comes to user experience (UX) design, one crucial thing AI will always be missing is human empathy, emotion, and understanding. A company looking to create a high-performance website that supports their strategic business goals and engages their target audience will fail if they don’t take into account human understanding and collaboration between them and their web development agency.

Outlining the What and the How is important, but the Why is arguably what drives great UX and UI.

“Design is not just a visual experience, it’s an emotional one. It should make people feel something.”

Nathan Shedroff, Author and Professor of Design Strategy

UX design is a nuanced, collaborative process, focusing on the specific requirements of the business and the specific needs of the target audience. You can save a lot of time using AI to produce a high volume of early conceptual designs or accelerate your copywriting process. But without the human element, none of these things will be authentic or anywhere near the required standard.

Potential Concerns and Risks with AI

Of course, we’ve not even mentioned the rising concerns and risks associated with AI yet. Just last month, over 1,000 technology leaders and influencers signed a petition to halt the development of generative AI until more governance can be introduced to ensure its safety.

There are still some serious grey areas regarding the use of this technology in business as well, from regulations and legal implications to the copyright of creative work like logos and images. These are providing opportunities for a wide range of new forms of cyber crime, phishing, and “deep-fake” imitations which could spiral out of control if left unchecked. 

There are also plenty of moral issues surrounding AI that we must consider. For example, what implications will there be for our society if global businesses do begin replacing humans with AI on a large scale? 

A key concern is that Generative AI is also having a significant impact on the environment, which is a conversation most people seem to be avoiding for the time being. With the global fight to reduce carbon emissions intensifying, and more businesses placing sustainability at the core of their values, there needs to be some action taken to balance those priorities with the efficiency and speed enabled by AI.  

The SoBold Perspective 

From our perspective, as a leading design and development agency, we believe that people will always want and need to work with other people. Personable relationships, real-life experience, and critical thinking are all essential parts of our work. In many cases, that’s also what many of our clients value most about our services. 

Granted, we’re always looking for innovative new ways to push the boundaries, and AI is an incredible tool that will help us do that. But it won’t replace crucial human characteristics like empathy, emotion, and subjective opinions. 

It will, however, help us spend less time on low-value tasks, and more time to focus on building stronger relationships and gaining a deeper understanding of our clients’ needs. That will only result in improving the work we deliver, which is something we’re always striving to achieve. 

The Verdict on AI (for Now)

This year will probably be looked back on as a turning point in history when AI was introduced to the world. But this technology won’t replace too many jobs just yet. Instead, it will enhance our ability to work smarter, faster, and more efficiently. 

For now, the only people at risk of losing their jobs to AI are those who fail – or refuse – to adapt to this new way of working and embrace the change. Similarly, if you’re using AI because you’re being lazy or complacent, that will also cause problems. You should never use work produced by a generative AI tool without checking its quality and accuracy, and you’ll always need to add a human touch before considering it finished. 

On the other hand, if you’re forward-thinking and agile, embracing AI will make you exponentially better at your job. Here at SoBold, we’re personally most excited by how AI has the potential to help us vastly improve the service we deliver for our clients.

Of course, this technology is evolving so fast that it’s difficult to predict where we’ll stand a year from now. We’ll be discussing this, and lots of other important trends, in our new monthly newsletter.