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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Before you begin working on the design elements of a website project, it’s important to begin with, what we at SoBold call, a research and planning phase.

The purpose of a research and planning phase is to ensure that every single decision you make about your design will result in a more effective website, both in terms of your business goals and your users’ needs. 

During this phase, you’ll work alongside your chosen agency to define the full scope of your website and all its requirements. This phase will also involve looking closely at your target audience, trends in your market, your competitors, and any data available from your existing website. 

This research is extremely useful in shaping the direction you take with your website and helping you to capitalise on certain trends that may align with your strategic objectives.

In this article, we’ll explain how a research and planning phase works to help you know what to expect when entering your own website design project. 

If you’d first like to gain a better understanding of the full end-to-end process of web design, read our previous article here. 

Website Strategy Workshop

A research and planning phase usually begins with a strategic workshop. This workshop will bring all the relevant stakeholders together, either in person or over a video call, to agree on the goals and parameters of the project. 

A workshop is a great collaborative environment to help your agency become even more familiar with your brand, your target audience, and the outcomes you’re looking for from your new website. 

Your agency should work closely with you to determine how the objectives you have for your new website feed into your wider business goals. That will be the key to finding the right approach to designing your website. 

Once the workshop is completed, the research can begin. 

Leveraging Data to Dictate User Experience (UX) Decisions  

Every decision you make about your website’s design needs to be informed and justified by data. 

As it’s becoming increasingly difficult to capture and retain your audience’s attention, nothing can be left to chance. It’s also negligent to overlook the vast range of valuable insights available to you within your data, and the data in the public domain.  

Google Analytics

Your agency should begin by analysing the performance of your website in Google Analytics. This can help to help understand the current behaviours and trends from your website users. 

Most businesses use Google Analytics, but few understand the right things to measure. For many businesses, Google Analytics is an untapped gold mine of data and insights that can help you improve site engagement, retain more visitors, and ultimately grow your business. 

You can conduct a thorough analysis of things like: 

1 – Your Audience Acquisition

Google Analytics can help you identify where your visitors have found you and accessed your website from.

Whether through organic search, social media, direct, or referral, you’ll learn how all your visitors are acquired. This information is vital, as it can allow you to tailor different parts of your website to certain visitors at various stages of their journey with you. 

For example, if organic traffic is a key driver of your website traffic, it’s important for your agency to ensure that lots of the hierarchical structure of copy is maintained throughout the site.

This is also helpful in optimising your wider digital marketing strategy, by recognising what’s working well and what isn’t, from a web traffic perspective. 

Bonus Tip – If you’re running Google Adwords, make sure your agency partner is aware of all the URLs that need to be redirected, and that this doesn’t affect your ad spend.

2 – Your Visitors’ Demographics 

Google Analytics can provide detailed insights into your website’s visitors, with data covering everything from age, gender, location, language, and more. This helps you gain a clear, specific understanding of who’s coming to your website, and that can inform important decisions about your design. 

It will also help you determine whether or not you’re attracting the right audience, which could alert you to a need for changes in your design and branding.

Bonus Tip – If you have a lot of visitors from other countries, you may need to talk to your agency about setting up a content delivery network (CDN) on the hosting server to deliver content from that location. 

3 – Your Visitors’ Interests 

You can use Google Analytics to view information about your visitors’ interests, past searches, and other online behaviour. This can help you identify what they’re looking for when they’re visiting your site. You can then tailor your design and content to match any unaddressed questions, challenges, or needs they might be looking to meet.

4 – Your Visitors’ Behaviour 

Google Analytics can give you a graphical representation of your visitors’ behaviour when interacting with your site. This includes where they’ve entered your site, where they went next, what their whole journey through your site looks like, and where they eventually left. 

This provides great opportunities to optimise certain pages that aren’t performing well enough. You can also learn what your visitors respond well to from pages that already have strong engagement.

Mapping your users’ journeys may also uncover insights to help you create links between certain services, hone in on special offers that will drive increased conversions, and many other ways to boost engagement.

5 – Your Conversions  

Your conversions are a critical measurement of your site’s success. Whether you’re aiming for subscriptions, demo sign-ups, contact form submissions, downloads, or anything else, failing to achieve your conversion targets means something isn’t working. 

You can use Google Analytics to set goals for conversions, monitor performance, and highlight areas where you need to improve. 

Taking this analytical approach will ensure your website’s design is tailored to supporting your strategic objectives.

Bonus Tip – On July 1, 2023, for continued website measurement, you’ll need to migrate your original property settings to a Google Analytics 4 (GA4) property. Your agency partner should be on top of this though. 

Data Tracking

Next, if applicable, your agency should review any existing tracking resources you have in place on your website. 

A successful website design is based on many different factors, each an important component in engaging your audience, converting them into clients, and growing your business. 

This is why it’s useful to look into key metrics you may use to measure your success against, then use the related data and analytics to inform your design. Tailoring your UX based on your findings will ensure your website is designed specifically to optimise your user behaviours. 

Bonus Tip – If you don’t have any additional tracking in place, both HotJar and Crazy Egg are great tools to use.

Analysing External Factors 

Understanding Your Target Audience

One of the most important parts of building a new website is understanding the preferences of the audience you’re targeting. You know what your ideal customer profiles (ICP) look like, but do you understand how they behave when interacting with websites online? 

Every decision about your website’s design must be made with consideration and empathy for your users. As touched on in the previous section, audience research will include a wide range of variables, including: 

• Demographics
• Goals
• Challenges 
• Motivations
• Preferences
• Frustrations.

This part of the research will contribute towards building user personas and user journeys at a later stage of the design process. 

A user persona is a fictional person that you can use to represent the target audience of your website. These personas will help you focus on the desired interactions between the ideal user and the website you’re building. Creating personas also helps to map the users’ needs to your goals for the project.

A user journey is a path that a user may take to reach their goal when using your website. Hypothetical user journeys are created at this stage, as they help to identify the different ways the site’s design needs to enable the user to achieve their goal as quickly and easily as possible.

With these, you can begin to paint a picture of how your target audience will interact with your website, allowing you to create a satisfying user experience. 

Industry Landscape

Researching your industry landscape will reveal a great deal about what to do, and what not to do.  An analysis of the wider market you operate in will help you benchmark yourself against industry leaders, and highlight mistakes being made by any businesses lagging behind. It’s useful to be aware of any industry trends or points of influence that may inform your website’s design as well. 

Bonus Tip – You’re an expert in your industry. Your agency is not, but they are experts in web design and marketing trends. Work closely together by leveraging each other’s knowledge and expertise to paint the full picture of what makes modern websites successful from a design perspective.

Competitor Research 

It’s also crucial to conduct a thorough competitor analysis to see what the benchmark is for a successful website in your industry. Conversely, some competitors may provide examples of bad design that can help you identify pitfalls to avoid with your own site.

Around five of your competitors is usually a good number to look into. To do this, your agency should work with you on assessing their websites in key areas such as: 

• Design look and feel 
• Structure and navigation
• Features and functionality
• User experience
• Content and layout
• Calls-to-action
• Speed and performance 
• And anything else relevant to your project.

This research will allow you to recognise opportunities, gaps in the market, important trends, and any other insights you can gather.

Making Data-Driven Decisions 

Following all this research, your agency will work on developing a strategy for your website, recommending the optimum route through the rest of the design process. 

Your agency will provide a report detailing all the findings from the strategy workshop and research. This should often include a sitemap document and a content framework for your site as well. 

An agency should always provide the opportunity for feedback and iterations on crucial documents like this, so you should then be given time to review this and provide feedback. 

Bonus Tip – Don’t be afraid to ask questions, challenge things you’re unsure about, or change your mind during this feedback and revision process. These are big decisions, and it’s important to be 100% sure about the direction your website’s design is being taken. 

Once you’ve worked through this feedback with your agency and you’re happy with everything they’ve planned, you can then move into the phase of the project that focuses on the visual identity of your site. 

Bringing it All Together in the Design

A thorough, well managed research and planning phase is an essential part of designing a successful website. By having a strategy backed up by tangible data in place, you’ll be able to work through the remaining phases of the overall design process in a more efficient and effective way.

It also helps anticipate any challenges or potential issues in the design process and allows you to mitigate them before they arise, saving you time and money in the long-run.

This phase is arguably the most important in ensuring your agency can meet your specific requirements and expectations, on time and within budget.

If you’d like to discover what’s involved in the next phase of a web design project, exploring the visual identity of your site, read our next article here. 

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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.

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When you’re responsible for managing a new website development process, you’ll have some difficult decisions to make. Two of the most difficult decisions will be finding an agency that you can trust, and finding a content management system (CMS) that will give you the flexibility and performance to drive your business forward online.  

Your CMS will play a significant role in helping you meet your specific website requirements and enabling you to achieve your strategic goals. 

We’ve compared lots of different CMSs in our recent series of articles, and each of them have their own strengths and weaknesses. In this article, we’ll compare WordPress and Craft.

Ease-of-Use

It’s vitally important to ensure that the platform you choose is straightforward to manage. You’ll want a platform that’s approachable, with a low barrier for entry, to avoid any challenges in the daily running of your website.

Craft’s Ease-of-Use

Whilst Craft is an open-source CMS, it requires technical development expertise in order to manage the platform once built. Management for non-technical teams will likely be difficult, thus limiting you in your ability to build out content and new features over time. 

If you do have expertise in-house, that will allow you to manage your website more easily, as the CMS itself is efficient for publishing and managing content.

Craft also makes it easy to collaborate and share responsibilities across teams without any interference or complications. For example, you can save draft versions of pages and share them with colleagues – with private links that don’t even require you to be signed in – before publishing live on your site. 

WordPress’s Ease-of-Use

Conversely, WordPress is specifically built so that content can be managed in-house. WordPress provides you with a convenient, intuitive user interface (UI) that allows quick and easy publishing, management, and editing of content on your sites.

Put simply, WordPress is a more traditional CMS that’s suitable for a wider range of users and teams. It allows you to easily manage the content on the front-end, whilst also facilitating a quick time-to-market for the development of your website.

This ease-of-use also helps to share responsibilities throughout your team.

Flexibility

Flexibility will always be high on your list of priorities when looking for a CMS. Tailoring your platform to fit your own unique requirements is a crucial capability in today’s digital business landscape. 

How Flexible is Craft?

Craft is all code-based, which allows you to build virtually any type of website you want, with great flexibility. The only limitations, really, will be with the platform-specific development capabilities of your agency.

How Flexible is WordPress?

WordPress also offers a great deal of flexibility and customisation, but the difference here is that it’s unlikely you’ll need to alter much about WordPress’s pre-existing tools and features to be able to build a website you’re happy with.

With WordPress, you have everything you need to build a high-performance website. But that’s complemented by the flexibility to make enhancements and seamlessly scale the platform with new bespoke features if you wish to. 

Integrations

Before you select a CMS, you’ll need to ensure it can easily integrate with any existing systems your business has in place. Whilst most CMSs will be able to integrate well with a variety of third party systems, it’s important to be aware of any limiting capabilities of the platforms.

Craft’s Integrations

Integrations with the most popular third-party platforms are typically supported in Craft through plugins. However, you may need to integrate manually with platforms using API’s.

While this gives you more control over your CMS’s functionality and security, it’s another area in which you’ll likely have to spend more time and money on agency development work. Those integrations will also need to be maintained and updated manually as well, which may be a financial and time burden on your agency. 

WordPress’s Integrations 

WordPress’s global popularity means that it’s readily compatible with most of the third-party systems you’ll already have within your business. 

You’ll have a wide range of native plugins available that will integrate your WordPress site with virtually any other tool. Even if you have more advanced requirements, it’s usually easier for your agency partner to do this bespoke development work in WordPress than it is with other CMSs. 

Developer Communities 

Investing in a platform that’s supported by a community of developers will provide you with additional benefits and advantages. It’s always helpful to have other users working to continuously create additions and updates to help the CMS grow and improve.

Craft’s Community 

Craft has a passionate community working hard to help enhance the platform, but it’s only a fraction of the size when compared to more mainstream CMSs like WordPress. 

Still, size isn’t all that counts here. Craft’s community is very supportive and highly active on channels like Slack and Discord. Craft also has a StackExchange, which is a Q&A forum that many developers use to share learnings as they work through projects.

The WordPress Community

At 20 years old now, WordPress’s popularity and global market share means it has an enormous community supporting it. 

WordPress’s community consists of millions of users who work tirelessly to offer support, collaboration, knowledge sharing, events, and much more. 

Any questions, problems, or requirements you have are often answered very quickly by members of the WordPress community. This also results in exciting new enhancements and features being released on a near-constant basis to drive the platform forward. 

Being part of the WordPress community will also give you access to free events that help users learn to get as much value as possible from the platform. 

Cost and TCO 

Cost is a key factor when choosing a CMS. It’s also important to remember the up-front costs aren’t the only thing you need to consider here. Since your CMS is a long-term investment, you should be looking for a low total cost of ownership (TCO) for all your related costs over time.

Craft’s Initial Investment and Ongoing Costs

With Craft, you’ll need to purchase either the pro or enterprise plan. Pro comes with a one-time payment of £250 per project, and an additional annual payment to continue receiving updates. The cost of the enterprise plan will vary depending on your requirements and usage.

As mentioned earlier, the costs associated with the platform may also be high. This is due to the need for agency support across many aspects of your project, from setting up your website, to integrations, to ongoing maintenance. 

The actual costs of development with Craft may also be higher than with other CMSs because of the smaller scale and more specialist nature of the platform. 

It’s also worth mentioning that Craft CMS hosting services are more limited than those of WordPress, again likely making them more expensive.

WordPress Cost and TCO 

On the most part, WordPress is a more cost-effective platform than Craft, with a lower TCO.

WordPress is free-to-use, limiting your initial costs to just hosting, development agency fees, and post-deployment support. 

As touched on earlier, achieving a much faster time-to-market will allow you to launch a quality website quickly so you can begin gaining strong ROI right away.

Another cost-related benefit of WordPress’s ease-of-use is that if there’s bespoke development work you need your agency to complete, it will usually come at a reasonable cost. Because Craft is such a niche and technical platform, bespoke development work often comes at a premium in comparison to the more widely-used WordPress.

When the WordPress platform receives updates, it’s often fairly quick and straightforward for your agency partner to test and maintain your site.

These advantages add up to create a lower TCO for WordPress than you’ll have with other enterprise CMSs.

Conclusion 

Both Craft and WordPress are both great CMSs in their own right, and would serve most businesses. Although, it’s difficult to deny that WordPress is a much more approachable platform than Craft for the average user.

If you’re a team with a great selection of existing development skills, Craft can provide you with some innovative capabilities and could be the right platform for you. 

The key thing to remember when making this evaluation is that you should select the platform that directly aligns with your own specific circumstances and requirements. 

Every business, and every web development project, is different. Carefully consider your objectives, budget, users, in-house skills, and any other factors that may come into play. That should allow you to determine which CMS is the right one to deliver what you need. 

If you need more help finding a CMS for your new website project, read our comprehensive guide to understanding and evaluating the options for large businesses here.

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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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