In Short
- Social media platforms and businesses using social media must comply with privacy, online safety, advertising and consumer protection laws in the UK.
- Operators of social platforms may have duties under the Online Safety Act 2023 and UK data protection laws.
- Businesses using social media for marketing must ensure advertising is transparent, lawful and not misleading.
Tips for Businesses
Review whether your activities involve running a platform or simply using social media for marketing, as different legal obligations apply. Implement clear privacy notices, moderation processes and terms of use if users can interact or share content. Ensure marketing posts, influencer promotions and advertisements comply with consumer protection and advertising rules. Create internal social media policies for employees.
Summary
This article explains key legal considerations for businesses operating or using social media platforms in the United Kingdom. It outlines obligations relating to online safety, data protection, child protection standards and advertising compliance. Prepared by LegalVision, a commercial law firm specialising in advising clients on technology, privacy and commercial law, it provides an overview of compliance risks and governance considerations for social media activity.
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:
- privacy;
- online safety;
- advertising;
- consumer protection; and
- other laws.
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.
Why Is Compliance Important?
Social media compliance means following the laws that apply when users:
- share content;
- interact; or
- collect and use personal information on a social media service.
If you run social platforms, you may have a wide range of obligations, such as duties arising under online safety and data protection laws.
If you use social media for business marketing or branding, you will also be subject to various rules, including:
- advertising;
- consumer protection; and
- privacy laws.
What Responsibilities Can Arise?
If your platform lets users post, message, or share content, then you need to identify and manage the risks these features may create.
Online Safety Duties
The Online Safety Act 2023 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.
It is important to set up:
- content moderation;
- reporting tools; and
- clear terms of service that you enforce.
It is also vital to carry out risk assessments and regularly review them. The specific legal requirements depend on your service’s size and features, and Ofcom checks compliance and can issue penalties for breaches.
Data Protection Duties
The UK GDPR and the Data Protection Act 2018 require you to handle personal data in accordance with the set principles.
Personal data includes:
- names;
- photos;
- messages;
- device IDs; and
- usage data.
You need a legal reason to process data, and you must:
- only collect what you need;
- keep it secure; and
- not keep it longer than necessary.
Child Specific Rules
If children are likely to access your service, then you must meet additional standards, as children are afforded significant protection. The Children’s Code requires you to take the best interests of the child into account when designing and operating your online service. You should:
- apply high privacy settings by default;
- limit profiling and behavioural tracking; and
- switch off geolocation by default unless you can demonstrate a compelling reason to activate it.
Privacy information must be clear, use age-appropriate language and offer children accessible tools to manage their data and raise concerns.
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’s standards. This includes requirements on:
- default settings;
- data minimisation;
- profiling;
- nudge techniques; and
- parental controls.
Advertising Considerations
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.
International Considerations
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. 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.
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Using Social Media Platforms as a Business
Using social media for marketing, brand promotion, or community engagement carries legal risks, even if you do not run the platform you use.
Your business should make sure you have clear written terms and privacy information for any pages, groups, or communities you manage. Also, remember to understand and follow the platform’s rules and policies.
If you allow user comments or user-generated social media content on your pages, remember to monitor and manage that content to mitigate risks such as:
- defamation;
- harassment;
- copyright infringement; and
- data protection breaches.
Your business should provide your employees with clear guidance on using social media for work by establishing a written social media policy.
Taking Legal Advice on Your Business Duties
Your compliance duties depend on how your platform or business operates and your social media activities. Various factors determine which rules apply and your risk profile, such as:
- your audience;
- data use; and
- business model.
Several areas of law may apply when operating or using social media platforms. You should seek legal advice on your specific duties. A regulatory lawyer can help you assess risk, review key documentation, conduct required assessments, and align your business processes with legal requirements.
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Key Takeaways
If you run a social media platform, you need to manage a range of legal issues and risks. This can include online safety laws, data protection rules and the need to apply higher protective standards if children might use your service. If you use social media for business, you must follow a range of advertising, consumer, and privacy laws and have clear internal policies to reduce risk.
By understanding your legal duties and implementing the right safeguards, you will be in a better place to reduce possible regulatory risks and protect your reputation.
LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced contract lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
You may need to do this if your processing is likely to result in a high risk to individuals’ rights and freedoms.
You must apply higher standards where children are likely to access your service e.g. child-focused risk assessment and age-appropriate transparency.
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