Content and Platform Regulation
Our Technology Regulation and Investigations Group has extensive experience advising international technology clients, marketplaces and social media platforms on a wide range of privacy and technology law matters, including in the areas of content and platform regulation.
In relation to the Digital Services Act (DSA) specifically, we have advised nearly half of the recently designated very large online platforms (VLOPs) and one of the recently designated very large online search engines (VLOSEs).
In addition to our VLOP/VLOSE experience we are advising a large number of international technology clients on pre-emptive DSA compliance measures as well as the implementing Irish legislation - the Digital Service Bill (DSB). The team has extensive experience assisting clients with legislative reforms as bills move through the Irish legislative process.
- Our work in the content regulation space has recently included advising on:
- the territorial scope and applicability of the DSA;
- the test for main establishment and the investigative and enforcement powers of national Digital Services Coordinators;
- points of contact and legal representatives under the DSA;
- transparency reporting obligations and requirements in respect of terms of service;
- compliance with Articles 9 and 10 of the DSA in respect of orders to act against illegal content/provide information;
- implementation of notice and action mechanisms for users to flag illegal content and requirements in respect of internal complaints handling systems;
- advertising transparency obligations and on the prohibition of certain types of targeted advertising;
- transparency requirements in respect of recommender systems;
- obligations applicable to online marketplaces including vetting credentials of third party traders and the obligation to inform customers of illegal products/services offered by traders;
- the Irish Online Safety and Media Regulation Act and potential areas of overlap with the DSA;
- the recent implementation of the revised Audiovisual Media Services Directive in Ireland; and
- the DSB and the implementation of certain provisions of the DSA into Irish law (including points of divergence between the DSA and Irish DSB).
We work with some of the largest domestic and multinational companies to build compliance structures and manage regulatory engagement. We frequently advise on contentious issues affecting global technology companies, including inquiries by regulators and related statutory appeals.