ODA – In the UK, the Queen's Speech on the 11th of May announced a number of Bills which will impact the online dating sector, including the Online Safety Bill, the Data Reform Bill, the Brexit Benefits Bill and the announcement of a draft Digital Markets, Competition and Consumer Bill. In the EU, the Digital Services Act provisional text has been agreed. In the US, data privacy remains of interest, both in the Federal government and in California. There are two Bills that have recently passed in Utah and Connecticut which specifically target the online dating industry and relate to background checks and online safety.
The Online Safety Bill – UK
The key concerns of the Bill, for the online dating sector include:
- All user-to-user services must comply with the duties for illegal content within the Bill, including risk assessments, content reporting, complaints procedures, recording-keeping and review and duties of freedom of expression.
- There is a duty to have a clear and accessible complaints process including content reporting, freedom of expression complaints, complaints about content taken down, complaints about suspension or removal and complaints about the use of proactive technology.
- A service must be clear on the process used to keep children from accessing their service.
- Cyberflashing has been made a criminal offence, and all companies in scope will be required to remove cyberflashing images.
Digital Services Act – EU
The DSA will require 'online intermediaries' providing services in the EU to behave 'more responsibly' and take measures to protect their users from illegal content, goods and services. This includes:
Online Dating Bills in Utah and Connecticut, USA
In Utah and Coonecticut the bill:
- Requires online dating services to either under take background checks on all users; OR to notify users it does not conduct background checks.
Digital Markets Act – EU
The Digital Markets Act (DMA) was also agreed at the end of March. Some key outcomes of the DMA include:
- Gatekeepers can no longer require the use of certain services in app (in-app payments or identity providers) to be listed in App stores
- Consumers can use 'third party' apps on Apple or Android phones
- Gatekeepers must provide data to competing search engines and developers
- Businesses and consumers can move data from one platform to another
- Gatekeepers cannot privilege their own services over business users' services
- Messaging services such as Whatsapp and Imessage must be 'interoperable'
Data Reform Bill – UK
The purpose of this bill is to rework areas of data privacy and data protection to work better for businesses and innovation now that the UK has left the EU.
The EU is also working on new data bills: the Data Act which proposes to ensure fairness in data use.