Providing your website’s visitors with a great user experience (UX) is a challenge. Especially for corporate websites that require sophisticated features and functionality, this can be an ongoing struggle. But it’s a challenge you need to solve if you want to stay relevant and remain competitive in today’s digital business landscape.

Usability is the measurement of how easy or difficult your website is to use for your audience. Good usability makes the experience of using your website as convenient and simple as possible for all your site’s visitors.

Despite the obvious value of this, usability is often neglected by businesses when building a website. That could be because you don’t have the time or budget to follow best practices, you don’t have the in-house design expertise, or you simply aren’t aware of just how important usability is today. Whatever the reason, you can’t afford to take the risk of releasing a site with a poor UX. 

Understanding the Importance of Web Usability 

You’d be amazed by how many websites these days fail to give their users an experience that delivers on their basic expectations. If your website falls in that category, poor usability may have an influence on whether your users adopt or reject your site. This could be the difference between a visitor abandoning a poorly designed page or sticking around and converting to become a customer.

So, how do you ensure your website doesn’t end up on this ever-growing list of failures? 

The key is to focus on your users’ needs, and put yourself in their shoes when planning, designing, and developing your site. 

Even if your site isn’t customer-facing, good usability is also crucial for internal systems. Employees are users too, and their adoption – or rejection – of your technology will also have an impact on your business.

This is easier said than done, we know. That’s why we’ve provided a selection of tips and advice to help you overcome this challenge.

How to Improve the Usability of Your Website

1 – Keep it Simple 

Whenever you’re thinking about UX, always follow the rule that simplicity is best. If a website has a design or functionality that’s complicated, its usability will suffer. Try to keep things as simple as possible at all times.

2 – Nail the Fundamentals 

While some design choices, like colour and font, can be argued as subjective, there are certain aspects of usability that are more objective. Getting the fundamentals right will help you ensure you’re delivering great usability. 

For example, optimising your site to ensure its pages load quickly, organising your pages with proper headings and sub-headings, making sure clickable buttons and links stand out, avoiding making any text or touch-points too small, even providing clear, useful error messages, and so on.

You can read a more extensive list of fundamentals and best practices for UX design in our related article on usability here.

3 – Adhere to Accessibility Guidelines 

Usability shouldn’t be confused with accessibility. Accessibility’s purpose is to make all technology accessible and easy-to-use for everyone, equally, with a significant focus on those with disabilities and other difficulties. 

To ensure your website meets the current requirements for accessibility, you need to follow a set of principles and standards known as the Web Content Accessibility Guidelines (WCAG), linked here. 

If you’re working with an agency, they should have best practices for accessibility already incorporated into their approach. Make sure you check this anytime you’re evaluating agency partners for a website project. 

4 – Learn from Experience 

We’re all users of websites, and we all know how it feels to encounter a frustrating UX. Use your own experience of this to try and build empathy for your users and what they might like and dislike. Any time you come across a website that gives you a bad experience online, make note of this and ensure you don’t allow similar problems to creep into your own site.

5 – Don’t Make Assumptions 

While the previous point is important, it’s also crucial to realise it’s not enough. Using your own experience will only get you so far and, in some cases, it could even cause additional problems.

Remember that usability is dependent on delivering for your target audience’ personal preferences when interacting with your website. It’s always risky to assume you know how your users think and feel.

Don’t make decisions about design and functionality without considering who the target users are and what they need from their experience. This leads us nicely into the next point.

6 – Test With Real Users

It’s always necessary to test the usability of your site with real people who are part of your target audience. The best way to ensure your website will provide a great UX is by asking real-life users to test it out, collect their input, and put that feedback into the final version. This is known as usability testing, which is a phase of the design and development process that every successful project requires. 

7 – Know When to Ask for Help

All of these tips are helpful to be aware of, but for the average business they can be daunting and difficult to put into practice. That’s why the majority of large businesses with outstanding websites have worked alongside a specialist agency partner with expertise in user-centric design. To ensure your site has great usability, it’s often necessary to find the support of an agency who has proven experience delivering similar projects successfully. 

Usability Should be a Priority 

Usability is crucial to the success of any website, but it’s something most businesses are still struggling to get right. Ultimately, though, your users are the ones who will determine the success or failure of your investment. 

You have to put yourself in their perspective when designing and developing your site, and that includes getting real people’s feedback and approval. Only then will you create something that meets your target audience’s expectations for speed, convenience, and simplicity. 

If your website provides a clunky or frustrating UX, most users today won’t hesitate to go elsewhere rather than waiting around to complete their task on your site. If that task in question is purchasing a product or service, you’ll see that poor usability will eventually begin to have a negative impact on your business.

Following the tips and best practices listed in this article will help you avoid that trap and create a UX that’s better than most websites. Doing that will begin to drive positive outcomes like greater adoption rates, improved customer retention and loyalty, and a stronger return on investment. 

To continue learning with a deeper dive into the topic of web usability, including more insight into its principles, additional guidance on design best practices, and current trends and future predictions, read our related article here. 

Would you like these insights straight to your mailbox?

Your emailSubmit

I consent to my submitted data being processed and stored by SoBold in compliance with Privacy Policy

The type of hosting environment you select will have a strong influence on the success of your website. It’s important for you to find a secure, scalable web hosting service that you have 100% trust in to deliver high-performance at all times.

To simplify the options available to you, this article will break down the various types of web hosting services, and explore the non-negotiables we believe you should be considering in your criteria when making your decision. 

The Fundamentals of Enterprise-Grade Hosting 

Some of the most important things to look for with your hosting environment include: 

Security – Cyber security is obviously an essential priority, and this should be top of your list of criteria in the current climate.

Performance – Your hosting environment should be set up in a way that makes your site capable of handling large surges of traffic.

Scalability – As your business grows, it’s likely that your site’s audience will grow. You need a hosting provider with the capacity to scale your services seamlessly to meet your needs, both now and in future. 

Resilience – It’s important to ensure your hosting infrastructure is robust, and that it can gauruntee you certain performance levels and up-time.

Support – If anything does go wrong, you need to be assured that you have a quick, efficient support service in place to get your site back up and running as soon as possible.

Sustainability – With sustainability a growing priority on the corporate agenda, the carbon footprint of your data centre may be another important factor in your decision.

Option 1 – Shared Hosting Services 

Shared hosting services can provide you with a basic secure server for your website. However, as the name suggests, these servers will be shared with a large number of other businesses. You won’t have any dedicated server of your own with shared hosting. 

This approach does have some advantages, particularly in the area of cost. These shared hosting environments can cost as little as £1,000 per year.  However, the down-sides to this often outweigh that cost benefit. 

In many cases, the low cost of shared hosting services can often be reflected in the performance levels. This is because, with such a high volume of websites hosted on the servers, your performance has no protection if other sites are experiencing high volumes of traffic. 

It’s also likely that you’ll only have access to limited support services when any issues arise. Many of the shared hosting options will have a ticketing system for support, where you’ll be at the mercy of the number of requests ahead of you in the queue. This could result in your website being ‘down’ during times where it’s business-critical.

Option 2 – Private Servers with Shared Hosting Providers 

Most shared hosting providers will offer the option of having your own private server for an extra cost. This is often referred to as a VPS, which stands for virtual private server. 

Rather than sharing a server with thousands of other businesses, you’ll only be sharing with a few others. While this is significantly better than the regular shared hosting options, you can still end up facing similar problems with performance and scalability.

This is another cost-effective approach, though, with some improvements over standard shared hosting. If you rely on an agency to set this up for you, they’ll likely put their smaller clients on a shared VPS and give their larger clients their own dedicated servers to minimise any potential problems.

Option 3 – Enterprise-Grade Private Web Hosting

Often the most reliable and trusted approach to take is to have your own dedicated server, which comes with a wide range of additional benefits. 

With this option, your website is placed on its own private server in the cloud, managed by a dedicated team of specialists who offer personalised, hands-on support and ongoing optimisation.

Security

Enterprise-grade security should be a core part of the hosting service you choose, regardless of whether it’s private or shared. However, you’ll be guaranteed far greater security, with drastically reduced risk, when you work with a private hosting service.

For instance, a hosting provider should offer robust protection for your site, including: 

• Configured firewall options, IP access lists, and anti-phishing attack technologies 
• Full responsibility for rapidly patching OSes and libraries 
• Long-term-supported Linux distributions for maximum security. 

Of course, compliance and certifications are another crucial aspect of cyber security these days. While some shared hosting providers may have the basic levels of compliance in place, most private hosting services will boast: 

• Compliance with ISO 27001/PCI-DSS/TIA-942 
• A 100% pass-rate for any data centre audits 
• 24/7 data centre staffing with experienced engineers and specialist security teams 
• Document review services for your external audits 
• Bespoke consultancy available if you have any major certification requirements. 

Performance 

When taking this approach, you’ll receive your own bespoke service and will be provided with a hosting environment tailored to your specific requirements. 

This will optimise everything included in your hosting package, from your preferred caching, loading speeds, performance requirements, up-time, and more.

You’ll also be able to set up a content delivery network (CDN) to make your website faster and more readily available to all visitors around the world. 

Scalability 

Private hosting gives you the capacity and flexibility to scale seamlessly anytime your website’s traffic increases, or if you have peak times for traffic.

This is an intelligent way to future-proof your investment, with the confidence that your website’s performance will be consistently excellent as the size of your audience increases and your site expands. This also applies to situations in which you need to scale unexpectedly due to short-term increases in demand, ensuring business continuity is always maintained on your site. 

Resilience 

Private hosting providers have guarantees for their resilience, and for your site’s up-time, covering all possible bases. This even counts for unusual scenarios like floods or fires.

It’s wise to look for a provider who offers back-up and disaster recovery services for the maximum resilience. 

Back-Ups: Managed back-up services provide you with a tailored regiment, alongside rigorous testing, for guaranteed restorability. 

Multi-level back-ups are taken for you, both locally and remotely, to minimise risk. You’ll also be able to choose from a range of replication technology options for your load-balancing and various fail-over scenarios. 

Disaster Recovery: Private hosting providers will also use disaster recovery measures, such as geographically-distributed platforms and back-up data centres, providing you with full assurance that your performance and up-time are always maintained.

Your primary hosting platform will be replicated to a disaster-recovery platform, which means that if the primary data centre is ever out of action for a prolonged period of time you can fail-over to the back-up systems. 

While the more basic hosting services can take days to recover in similar situations, which could result in losses of business and even reputational damage, disaster recovery can often be done in a matter of minutes with a private hosting environment.

Support and Optimisation

Trust and confidence in your provider’s ability to deliver on your requirements are a vital part of your hosting service. 

It’s highly beneficial to take an approach that gives you – or your agency partner – a close working relationship with your hosting provider. Availability and accountability are much greater with a private hosting service than with a shared approach. 

A close working relationship provides other advantages as well. For instance, anytime you want to make upgrades to your hosting environment, they can analyse your traffic and identify the best time and date to do that with minimal disruption. 

This is all part of collaborating with your agency and hosting provider, so they understand your unique business and tailor your hosting services. This is all done based on the conventions of your target audience and your specific requirements to deliver the best possible service. 

In terms of support, private hosting providers will have powerful automation tools to proactively, continuously monitor your environment. That allows them to resolve the majority of issues before they’re able to have an impact on your site. 

This can also involve 24/7 custom alerting systems, as well as a fully customisable monitoring portal, and multi-channel systems to alert engineers rapidly in the event of any problems. 

In terms of your overall service with an enterprise-grade private hosting provider, you should also expect to gain: 

• A fully-managed service provided by a team with decades of experience 
• Round-the-clock, hands-on assistance, 365 days per year 
• Deep technical understanding and expertise 
• Proactive support from dedicated engineering teams and account managers 
• High-level consultancy, including advice on new projects and technologies. 

Sustainability 

If your business has sustainability as a priority or core cultural value, then this is another reason to opt for a private hosting service. While it’s not impossible to find shared hosting services with carbon-neutral data centres, it’s much less common. 

Sustainability is also a key focus for us here at SoBold as an agency. As a result, we’ve worked hard to ensure we have an environmentally-conscious, carbon-neutral service offering.

The Verdict?

Having a fully dedicated, bespoke private server is usually the preferred choice of web hosting services. This is due to the unmatched levels of security, scalability, and performance that come with private hosting providers. 

Of course, it’s important to note that this does also come with a higher cost than other options. However, the benefits and trust gained through their strengths in these key areas ensure strong ROI. 

Not only do their flexibility and optimisation provide you with a high-performance website set up for success, but enterprise-grade security and resilience will also minimise your risk and save you significant costs in the long-term. 

Would you like these insights straight to your mailbox?

Your emailSubmit

I consent to my submitted data being processed and stored by SoBold in compliance with Privacy Policy

For designers, it’s almost an impossible task to effectively deliver a project without understanding the joint language of design. This terminology and jargon can often get thrown around in meetings, although it’s good practice to read the room and speak a mutual language it’s good to get a little insight. Below is a glossary of essential UX/UI terms grouped into topics.

General terms

Accessibility
A measure of a web pages usability for a range of people, including people with disabilities.

Design system
A document that houses design components and styles to use across a website or product, ensuring consistency.

Design thinking
The process of creating and executing strategic ideas that solve problems.

Flat design
A form of design that focuses on minimalism using 2D elements and strong colours.

Human-centred design
An approach that finds solutions with a human perspective in every step of the design process.

Information architecture
Or otherwise known as a sitemap, is the structural design of information.

Landing page
A stand-alone page that a person lands on after clicking from a digital location.

Onboarding
A flow that guides the user through a set of instructions such as choosing preferences, product usage and UI elements.

Responsive design
A design and usability process that adjusts content based on the device screen size.

UI Design
This determines how an interface will look and guide the user on how to interact with a product such a colour choices and layout.

Usability
The quality of the start-to-end user experience.

UX Design
The process of determining how a digital product should work based on relevant user research and best practices.

Acronyms

CTA (Call to action)
A graphical component that guides the user through the main flow and encourages them to take a specific action. Normally it will be the element that stands out most on a page.

CWV (core web vitals)
Are three metrics that score a user experience loading a page, those are: how quickly content loads, how quickly a browser loads the webpage and how unstable the content is as it loads.

GA (Google Analytics)
A web analytics service offered by Google that tracks and reports web traffic.

KPI (Key performance indicators)
A Performance measurement approach based on certain metrics over a certain time period.

MVP (minimum viable product)
A version of a product that is released with just enough features that deliver on the initial user needs to then improve and develop further.

PM (Project manager)
A person that leads a team in order to achieve all the project goals in a set of timelines.

SVG (Scalable Vector Graphic)
A two-dimensional vector-based graphical element that is scalable and widely supported across the web.

SWOT (strengths, weaknesses, opportunities and threats)
A marketing tool that identities assess your business and analyse your competitors.

Design Process

A/B testing
A UX method that involves showing two versions of a specific page or product to see which one works better.

Card sorting
A technique that can be used by both UX designers and users that help determine the information architecture of the product based on logical ordering.

Cluster mapping
In other words, an affinity diagram is for sorting UX user findings into organised sets to lay down the foundations for desirable features.

Competitor analysis
A research method that shows strategic insights into a competitor’s features, functions and even visual positioning.

Eyetracking
A study that allows researchers to evaluate the movements of a particular user when they are using a product.

Focus group
Typically a researcher will talk to a group of people to find out opinions and generate ideas on the product or service.

F shaped pattern
Is a layout designed to guide the user’s eye to specific information based on human behaviour.

Mockup
A visual representation of a product in an environment could be a concept or the finished product.

Moodboard/style scape
Is a collection of visual inspiration gathered from an initial concept to visually communicate an idea.

Prototype
Is an early version of a product that is simplified to test main user journeys and functionalities.

Sketch
There will always be a place for pen and paper. At this stage in the prototyping process, a researcher can quickly come up with design solutions and compare them to determine the best one.

Storyboard
A visual way of communicating the user journey. 

Usability testing
An approach that is done typically throughout the whole design process, ensuring that the product has ease of use and matches the user’s requirements.

User flows
A flow that represents a users task from an entry point to a desirable end one.

User interview
A one-on-one chat that can gather information for a user persona and insight on their behavioural habits on a product and or service.

User journey
Like the user flow, a user journey is a route that maps out their journey from beginning to end, the difference is that a journey includes emotions and behavioural choices.

User Stories
A narrative-based resource that sums up the patterns of how they interact with the product, focusing on motivations and frustrations.

Wireframes
A low-fidelity design that focuses just on structure and layout without clouding the mind with visuals. Its purpose is to ensure the interaction between user and interface is solid.

Design elements

Breadcrumbs
A layered component that allows users to navigate through multi-level pages.

Contrast Colour
Ensuring there is enough visibility between two colours to the layer or text is legible and ideally meets WCAG standards.

Grid
Is a layout system with rows and columns, making it easier for designers and developers, also for making clean and symmetrical interfaces for users.

Layout
The order of certain content such as text and images are laid out on a page.

Navigation
An organised hierarchy of information allows the user to find the information they are looking for.

Typography
Typeface or Font. there is a difference. A Font is a weight or variation of a typeface and typography is the arrangement of those styles to ensure it’s legible and appealing.

White space
Or negative space is the strategic positioning of elements on a page so they have room to breathe and for people to absorb content. 

Widget
A self-contained design component that has certain functionality. 

Would you like these insights straight to your mailbox?

Your emailSubmit

I consent to my submitted data being processed and stored by SoBold in compliance with Privacy Policy

Making the best possible choice of content management system (CMS) is crucial for the success of your website. But, these days, not only do you have to navigate the many different options – from WordPress to Sitecore to Webflow – you also have the added challenge of deciding whether to go “headless” or not. 

Whether to take the less conventional headless approach with your CMS is a decision that could cause some confusion. It could even cause some challenges with your website if you end up making the wrong choice.

In this article, we’ll help you understand exactly what a headless CMS is, when you may need to take that approach, and highlight some key considerations to make before finalising your choice. 

What is a Headless CMS?

With a traditional CMS, the back-end and the front-end of the system are directly linked. This is how you use your CMS for both the content management (back-end) and to control how the content is presented to your website visitors (front-end). 

In this context, the back-end of the CMS is sometimes referred to as the “body” and the “head” is the front-end. In a headless CMS, that front-end is decoupled from the back-end of the system, hence the term headless. With this approach, you use the back-end as normal for content management and the presentation of content in the front-end is handled completely separately. 

This is valuable because it allows you to design your website front-end however you like, without any restrictions. However, it also requires more technical work from your development agency as a trade-off. 

With a headless CMS, your content is presented to your audience on your live website by using APIs that take it from the back-end of the CMS. This use of APIs also allows you to publish the same content in a variety of different formats via different channels as well, but more on that later. 

Scenarios in Which You Might Need a Headless CMS

It’s important to understand that you should only take a headless approach if it’s the most suitable way to meet a specific set of requirements or objectives.

Some scenarios in which you might need to take a closer look at adopting a headless CMS include: 

If a large volume of content is a key component of your marketing strategy. 

If you’re going to be producing and publishing a lot of content on your website, you may benefit from a headless CMS. Many people find it easier and more intuitive managing websites in the back-end of a headless CMS.

The decoupling of the front-end also means that your development agency will be the ones responsible for ensuring your audience is presented with dynamic, engaging content. 

If you expect to have high volumes of traffic and need to maintain performance. 

If the size of your website’s audience will put a heavy demand on your CMS’s performance, a headless system could be a worthwhile investment. Using APIs, and leveraging other intelligent techniques, the headless approach often delivers faster loading times, reduces the workload on your servers, and offers greater scalability.

If you have a multi-channel marketing strategy, or need to publish content across multiple digital touch-points. 

The headless approach allows you to take one piece of content, upload it into the back-end, and seamlessly publish it across several channels, including website, mobile app, social media, email, and even internet-of-things (IoT) devices.

This can help you maximise consistency, while providing your users in each channel an experience optimised for their preferred context.

If you’re prioritising personalisation. 

As personalisation is becoming much more important in modern marketing, headless CMSs are becoming more popular in enabling those tactics. 

If you need to create personalised experiences for your website visitors based on their demographic data, past behaviour, preferences, and so on, a headless CMS may be the right option. This is a useful approach for delivering tailored content to individual visitors, improving your engagement and increasing conversions.

If you have a multi-lingual or multi-regional website. 

Delivering the same content to visitors in different languages, across different locations, can also be made easier by using a headless CMS. Your localisation process can be streamlined by managing the content for all users just once in the back-end, then delivering it seamlessly in its different forms based on location or other conditions. 

Key Considerations and Potential Pitfalls

While a headless CMS can be a great choice to deliver on the requirements discussed here, it’s still not a straightforward decision in these scenarios. 

Firstly, it’s important to note that a traditional CMS like WordPress can still help you achieve all the things listed above, especially with the support of an experienced, talented agency. Secondly, there are some downsides to the headless approach that need to be considered while you’re evaluating your options.

Security

Security is an issue that needs careful consideration when looking into the headless approach. The headless architecture, and use of APIs, create more security vulnerabilities than you’d have with a traditional CMS.

It’s also common for a headless CMS to require more hands-on management in key areas such as hosting and compliance, as well as more thorough and frequent testing. 

Development Complexity

When you ask your development agency to build, manage, and maintain your website using a headless CMS, you’re asking them for more complex work than they’d be facing with a traditional system. This complexity is something you need to be aware of, both in your selection of an agency capable of delivering your requirements, and in the additional workload you’re asking them to complete for you. 

Time-to-Market 

Following on from the previous point, more complex development work often results in a longer time-to-market for your website. 

Developing a website using a headless CMS may require more time and resources from your agency to deliver the work for you. If you need to get your site up and running quickly, or if you may require future development work to be delivered quickly, a regular CMS may be a safer bet. 

Technical Skills 

Publishing content with a headless CMS may be easy, but if something goes wrong, or you need something changed, you’re unlikely to be able to do it yourself. A headless CMS requires more technical skills and development experience to maintain than a traditional CMS, even for small tasks. If you don’t have these skills in your team, you’ll be more reliant on your agency partner than you would be with a normal CMS.

Total Cost of Ownership 

All the points listed here will add up to a higher total cost of ownership (TCO). When accounting for the higher volume and greater complexity of work you’ll require from your agency, you’re likely to spend a lot more of your budget on a headless CMS. 

Unless you have specific complex requirements that demand the use of a headless CMS, it’s usually the more cost-efficient option to go with the more traditional approach.

Content Strategy

With all that said, it’s also important to consider whether a headless CMS is even necessary based on your content strategy. 

Unless you have an intricate, wide-ranging content strategy that spans various channels and platforms, it might not be worth adopting a headless CMS at all. 

Most of the requirements you have can likely be delivered by working with a reliable agency partner using a sophisticated, flexible CMS like WordPress. 

It’s also important to note that WordPress can be used in a headless context as well. This offers you a balance between a familiar, easy-to-use system and a more dynamic UX for your visitors in the front-end.

The Benefits of a Headless CMS 

If you do decide to take a headless approach, your CMS can deliver a wealth of benefits and strategic advantages. These include: 

Scalability

The headless architecture will enable you to build out your digital presence rapidly, on a large scale, across multiple channels. This scalability will be crucial for your website as your business grows and your requirements evolve. 

Customisation

Both the back-end of your headless CMS and the front-end presentation of your content are entirely customisable, tailored to your specific requirements. 

Flexibility

Headless CMSs provide a great deal of flexibility in terms of your selection of technology, content creation, and implementation of a multi-channel market strategy. 

Ease-of-Use

If you work with a skilled agency partner who can set up and manage your system for you, publishing and editing content with a headless CMS becomes quick, easy, and efficient. 

User Experience 

Delivering your content seamlessly – and consistently – across a wide range of channels and digital touch-points creates a far greater UX for your target audience. 

Performance

The headless architecture removes the need to render pages on your server. This creates the faster loading times and improved performance discussed previously, which also contributes to a better experience for your visitors. 

Competitive Differentiation

As mentioned earlier, the headless approach allows you to create a truly unique UX. In an increasingly crowded, noisy online landscape, this can help you differentiate your website and stand above your competitors. 

Future-Proofing

A headless CMS allows you to easily change or upgrade the technology you use for your front-end without having any impact on your back-end. This will help you become more agile and adapt quickly as new technology trends emerge in future. 

Making the Right Decision for Your Unique Requirements 

Ultimately, you should base your decision here on the specific requirements you have for your website and the circumstances you find yourself in. 

While a headless CMS does offer a range of innovative capabilities, the additional costs and resources you’ll need to invest may not be worthwhile. For example, the traditional use of WordPress can provide you with most of the benefits discussed earlier.

Carefully consider your objectives, your strategy, and the resources you have available. Use those to weigh up all the pros and cons listed in this article in relation to your own website project.  

The key thing is to clearly understand exactly what you need from your CMS, and use that to select the option that aligns best with your requirements.

Would you like these insights straight to your mailbox?

Your emailSubmit

I consent to my submitted data being processed and stored by SoBold in compliance with Privacy Policy

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.

Would you like these insights straight to your mailbox?

Your emailSubmit

I consent to my submitted data being processed and stored by SoBold in compliance with Privacy Policy