Consumer law | UK Regulatory Outlook March 2023

EU Commission sets rules on supervisory fees under the DSA

On 2 March 2023, the European Commission adopted a delegated regulation to set rules on supervisory fees under the EU Digital Services Act (DSA).

Under the DSA, the EU Commission has powers to impose a fee on "very large online platforms" and "very large online search engines" (as defined) under its supervision, and the process is expected to begin in autumn 2023. The delegated regulation specifies detailed methodologies and procedures regarding the supervisory fees to be levied. This follows the Commission's consultation which closed on 19 January 2023.

Following the Commission's adoption of the delegated act, it has been passed to the EU Parliament and the Council, which have three months to scrutinise it. The scrutiny period can be extended by a further three months, at their request.

EDPB adopts guidelines on dark patterns

The European Data Protection Board (EDPB) has published three guidelines, including guidelines on dark patterns, following public consultation.

In particular, guidelines on deceptive design patterns in social media platform interfaces provide specific examples of types of dark patterns and recommendations for designers and users of social media platforms on how to assess and avoid dark patterns that infringe the EU General Data Protection Regulation (GDPR).

Additionally, the guidelines describe best practices and recommendations for designers of social media interfaces on how to integrate the guidelines into the design thinking process. However, following public consultation the wording "dark patterns" was replaced by the term "deceptive design patterns".

Our dark patterns microsite covers more updates on the topic.

Ofcom consults on improving broadband information for customers

On 8 March 2023, the UK communications regulator, Ofcom, launched a consultation which aims to help consumers make more informed choices when they select broadband services.

Previously, Ofcom has conducted a consumer research to find out what information consumers find useful to know before choosing a broadband service. Its survey has shown that consumers are interested to know more about the complex underlying technology used to deliver their services. The current consultation explains Ofcom's view and outlines its proposals on how broadband service providers should make consumers aware of this information. The responses are welcomed by 3 May 2023.