Articles Posted in United Kingdom (UK)

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GettyImages-610849650-e1773765918128-300x245The use of email-tracking technology is drawing heightened regulatory scrutiny and has become a growing target of litigation. For many organizations, these technologies, which could be in the form of a “pixel,” “beacon” or URL tracking parameters embedded in links, sit quietly in the background of marketing and operational messages. Yet from a legal and compliance perspective, they raise the same kinds of questions as online tracking tools such as cookies. This article explains what is happening and why it matters, and offers some pragmatic options for organizations to consider when relying on email engagement data.

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The UK’s Online Safety Act 2023 (OSA) is a comprehensive piece of legislation designed to regulate social media companies and search services and to increase protections for individuals online. It draws comparisons to the EU’s Digital Services Act, with both laws include provisions relating to safety and transparency—seeking to balance the need to protect people online with fundamental rights such as the right to freedom of expression and privacy. Importantly, it applies not just to digital service providers in the UK but to any service with links to the UK.

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In May 2024 the UK passed the new Digital Markets, Competition and Consumers Act (DMCC). Amongst other changes, the DMCC grants the UK Competition and Markets Authority (CMA) new powers to directly impose fines of up to 10% of a business’s global turnover for consumer protection breaches and to issue notices requiring changes to online interfaces, significantly enhancing the CMA’s enforcement capabilities.

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A new report issued in May 2024 by the Centre for European Policy Studies (CEPS), an independent thinktank, is the latest development to cause concerns over the EU-U.S. Data Privacy Framework (DPF), predicting that it will likely fail if challenged before the Court of Justice of the European Union (CJEU).

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