Running a social media platform or using social media for your business can give rise to a range of important legal responsibilities and potential risks. Such issues can include: <\/p>\n\n\n\n
To comply, you need to know how these rules affect your activities. This article provides a high-level and simplified introduction to key legal issues for social media platforms and business users in the UK. It focuses on privacy, protecting children, online safety duties and key marketing compliance obligations.<\/p>\n\n\n\n
Social media compliance means following the laws that apply when users: <\/p>\n\n\n\n
If you run social platforms, you may have a wide range of obligations, such as duties arising under online safety and data protection laws. <\/p>\n\n\n\n
If you use social media for business marketing<\/a> or branding, you will also be subject to various rules, including:\u00a0<\/p>\n\n\n\n Social media use is often in the public domain, and breaching legal rules can lead to scrutiny and damage to your business reputation. Compliance is both legally mandatory and important for a good business reputation.<\/p>\n<\/div>\n\n\n\n If your platform lets users post, message, or share content, then you need to identify and manage the risks these features may create.<\/p>\n\n\n\n The Online Safety Act 2023<\/em> imposes duties on in-scope service providers. If your service falls within scope, common duties include identifying risks of illegal and harmful content, and you must put proportionate systems and processes in place to mitigate those risks.<\/p>\n\n\n\n It is important to set up: <\/p>\n\n\n\n It is also vital to carry out risk assessments and regularly review them. The specific legal requirements depend on your service\u2019s size and features, and Ofcom checks compliance and can issue penalties for breaches.<\/p>\n\n\n\n The UK GDPR and the Data Protection Act 2018<\/em> require you to handle personal data in accordance with the set principles. <\/p>\n\n\n\n Personal data includes: <\/p>\n\n\n\n You need a legal reason to process data, and you must: <\/p>\n\n\n\n If your data processing could pose a high risk to people\u2019s rights, you must do a data protection impact assessment before adding the feature. Features such as targeted ads, profiling, algorithmic feeds, and age checks will need careful legal consideration and may require these assessments.<\/p>\n<\/div>\n\n\n\n If children are likely to access your service,<\/a> then you must meet additional standards, as children are afforded significant protection. The Children\u2019s Code requires you to take the best interests of the child into account when designing and operating your online service. You should: <\/p>\n\n\n\n Privacy information must be clear, use age-appropriate language and offer children accessible tools to manage their data and raise concerns.\u00a0<\/p>\n\n\n\n You must also conduct a data protection impact assessment that specifically assesses risks to children where your service is likely to be accessed by them and comply with the Code\u2019s standards. This includes requirements on: <\/p>\n\n\n\n If you advertise on your platform, you must ensure your systems comply with applicable advertising laws. You should also consider any specific statutory advertising restrictions and best practices that apply online and impact your operations. <\/p>\n\n\n\n If you operate internationally or you make your service available to users in the European Union, you may also need to comply with additional EU law obligations, including the Digital Services Act<\/strong><\/em><\/a>. These obligations can apply based on where your users are located. If you fall within the scope of these rules, then you may need to seek advice from local lawyers in the EU to properly understand your duties.\u00a0<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
What Responsibilities Can Arise?<\/h2>\n\n\n\n
Online Safety Duties<\/h3>\n\n\n\n
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Data Protection Duties <\/h3>\n\n\n\n
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Child Specific Rules <\/h3>\n\n\n\n
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Advertising Considerations<\/h3>\n\n\n\n
International Considerations <\/h3>\n\n\n\n