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.
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- Brainstorming and ideation
- Assistance in research and information-gathering
- Writing copy
- Writing code
- Image and video creation
- Data analysis
- Automating manual processes.
- 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.
Announcement
24 March, 2020
SoBold’s response to COVID-19
In response to COVID-19, we’ve put in place a number of measures at SoBold to make sure we can continue to provide our services to our clients around the world as well as do what we can to help contain the spread of the virus.
It’s helpful to reflect on the fact that we offer a service whereby the performance and outcome of work produced will not be affected at all.
We’ve moved to full-time remote work
SoBold has decided to close our office in London and have our employees work remotely until further notice.
We’re doing this in an effort to help prevent the spread of the virus because, while most SoBold employees are healthy and not in the high-risk category, we appreciate that is not the case for all of those around us, or in the wider community we live in.
We have a responsibility towards these people, including others who work in our building and those we come into contact with during each others’ daily commute.
We’ve set up enhanced support for remote work
We don’t believe it’ll cause much disruption to the rest of the team and business.
Most of our clients, for example, will be familiar with remote meetings; we regularly host virtual meetings between clients and SoBold.
All team members have access to reliable remote conferencing and workflow tools, so they can speak to anyone either within SoBold or outside of the organisation, whenever they need or want to.
This means we can continue to frictionlessly share and work collaboratively cross-functionally, with the ultimate goal of always delighting our clients and partners.
Free support to those directly affected by the closure of their businesses
We want to give back and help businesses and individuals that have been so badly damaged by the closure of their shopfronts, gyms, restaurants and other businesses in the hospitality industry.
We are offering free website help to these businesses during these tough times.
If you would like to get in touch with a team member about this, please email hello@soboldltd.com
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Industry News
25 April, 2023
The Changing Roles of Web Design and Development in the Age of AI
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:
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:
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.
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Company Milestone
28 August, 2017
SoBold has become the exclusive digital partner for Clanwilliam Group
As of September 2017, SoBold has become the exclusive digital partner for Clanwilliam Group.
About Clanwilliam Group: Clanwilliam Group, headquartered in Dublin, Ireland, operate a number of industry leading brands in the private and public healthcare sectors across the Republic of Ireland, the UK, Australia, New Zealand as well as other worldwide locations. Formed in 2014, Clanwilliam has rapidly expanded in size, now with over 15 brands under the Clanwilliam Group umbrella. Clanwilliam is driven to establish itself as a global group of highly synergistic healthcare technology and services businesses.
About SoBold: SoBold Digital Marketing, founded by Managing Director Will Newland in 2014, work with companies and brands deriving from an impressive multitude of sectors including Healthcare, Fitness, Luxury, Hospitality and more. With a growing portfolio of over 80 brands, SoBold has a proven track record of delivering expertly crafted digital marketing solutions to help small and medium sized businesses grow and flourish.
We are delighted to become Clanwilliam Group’s exclusive digital partner. Clanwilliam is rapidly increasing their reach in the Healthcare sector and we at SoBold are proud to work with them to implement a powerful digital strategy.
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Latest from agency
8 December, 2022
Sam Phillips and Will Newland interviewed by Cloudways
Technical Director, Sam Phillips and Managing Director, Will Newland were interviewed by Brent Weaver at Cloudways.
SoBold has been working with Cloudways since 2019 to help host development environments for all of their clients.
You can learn more about Cloudways, Managed Cloud Hosting services by visiting their website here.
See what they had to say in the video below.
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Industry News
21 June, 2022
Pixel Pioneers Bristol 2022
If you’ve never been to a conference of any type before, you possibly think you already know the important areas of your profession and can find out any developments from your colleagues or the internet. At least that’s what I thought prior to attending Pixel Pioneers 2022.
Which option sounds more appealing to you? Pick up extra skills on occasion, or go to a conference and absorb a mega-dose of industry knowledge, make connections and enjoy exploring fresh surroundings? Luckily at SoBold we have the opportunity to do both.

The conference covered both ends of the telescope – from broad topics such as energy consumption, to a fifty minute talk about the brief three milliseconds your screen goes blank in between webpage loads. How the visually impaired experience the internet, to technical developments in styling / fonts.
My personal hero was Chris How – his mantra of valuing your customer’s time and giving them small moments of delight strongly resonated with me. In accordance, I want to guide you through the content of the conference, with links to the core material that will best replicate what the SoBold team saw, whilst valuing your precious time.
GAVIN STRANGE : Less Thinkering, More Tinkering
A must watch to boost your levels of creativity. Gavin shares his personal and professional projects with Aardman Studios. Lots of useful insights into reaching the pinnacle of creativity. Highly engaging delivery, visuals and plenty of ‘further reading’ material. Definitely worth watching in entirety. Gavin Strange website – will give you a sense of his creative flair and influences. https://www.jam-factory.com/
“It’s better to beg for forgiveness, than ask for permission.”
Gavin Strange

BIANCA BERNING : Variable Fonts – WTF?
From a technical and design standpoint, learning about variable fonts is incredibly useful. Towards the end Bianca veers into the potential application of variable fonts – imagine a world where your computer mutates its content to fit the viewer’s specific needs. If you’re looking for new avenues for unique artistic features for your website – this talk is for you. Everyone should have a play with variable fonts – try it here https://v-fonts.com/

CHRIS HOW : You Got to Fight for the Right to Delight
Chris’s choice of examples and commentary is intentionally entertaining and eclectic. His approach to design changes your criteria for success and also would decisively influence your next project. Essential viewing. Whether you’re a seasoned designer or developer short of a design, this talk will give you a guiding direction. Information on the Kano product roadmap here. https://www.productplan.com/glossary/kano-model/

LÉONIE WATSON : Accessibility: The Land That Time to Interactive Forgot
Visually impaired people experience the internet through screen readers – the internet described in words. Léonie’s valuable insight will definitely re-balance your priorities and appreciation for how websites should function. Some of the technical history she overviews was a bit lost on the audience but the switch in mindset is valuable. Important to dip into, especially for gleaming a deeper understanding of how a web document is compiled and loaded. It might sound ‘techy’ but it’s like understanding how our lungs work – illuminating. If you haven’t viewed any of your own websites using a screen reader – you definitely should. For a great sense of how the net is best experienced for visually impaired users – just check out her website – tink.uk
LUKE MURPHY : Lightning Talk: Design Tokens – Searching for a Source of Truth
Design Tokens act as a very useful tool for blending the boundaries of where design and development meet, in fact, they act as a technical element that affect design and development in equal measures. If you have no idea what a design token is – this talk could unlock a tonne of structure for your product. Here’s an overview article on design tokens

HANNAH SMITH : How to Make Digital Services More Sustainable
Hannah Smith’s talk invited us to critique our energy consumption and make changes to our habits as both consumers and producers of digital content. She makes the case that space travel is a waste of resources, and that using less lays the path to fulfilment. See if her arguments resonate with you. Hannah’s book recommendation – Doughnut Economics by Kate Raworth
JHEY TOMPKINS : Supercharge Your Skills with Creative Coding
A mad professor of CSS and JavaScript – Jhey has a mixture of technical tricks and interesting libraries for speech recognition. Deadpan yet full of colourful examples, Jhey clumsily demonstrates his collection of magical creations and challenges you, the developer, to break out of your ‘siloed’ mentality for visual presentation. Check out his catalogue of wondrous CSS/JS creations here

STUART LANGRIDGE : You Really Don’t Need All That JavaScript, I Promise
Painting with the broad brushes down to the nat-hair infinitesimally small details, Stuart reminds us of the importance of returning to the basics in order to best utilise the web. Unfortunately some of the libraries he suggests do not have extensive compatibility and thus aren’t for mainstream production… yet. His insight does provide a deeper understanding of the mechanics of the tools we use, although the message is quite drawn out. Example of the shared transitions js library https://codepen.io/drenther/pen/NjzeOO
RACHEL ANDREW : What’s New in CSS?
Rachel Andrew – new css features either in or emerging from or newly arrived from CSS-land. Truly at the coalface of emerging CSS features. For a frontend developer it was akin to being shown new letters in the alphabet that were being proposed. A summary of similar information can be found here – https://www.smashingmagazine.com/2022/03/new-css-features-2022/

Bristol itself is well worth a visit – a centre for nightlife, hedonism and youthful idealism. Simply walking around the harbour area in the daytime will refresh your appreciation for one-of-a-kind shops and overflowing street art. Make sure you have plenty of free space in your phone for all the photos. The SoBold team had a very enriching experience and bonded even tighter as a team. I hope to see you at the next one!
Links to the conference videos will be available via the Pixel Pioneers website.