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 As we summarized last fall, the EU Commission published a new Cybersecurity Communication in September that, among other things, sets out proposals for an EU cybersecurity certification framework as part of ‎an EU “Cybersecurity Act” (see our post here and a more detailed summary here).  Just before the holidays, on December 20, 2017, the UK Government published a consultation on these proposals, which the UK Government will use‎ to help develop its position.  Key elements of the proposals that the UK Government is consulting on include:
  • Harmonizing the existing cybersecurity certification landscape to reduce costs and administrative burdens for companies by establishing a common “European Cybersecurity Certification Framework for ICT products and services.”
  • Further specifying and publishing best practices relating to incident reporting and security obligations for some digital service providers under the NIS Directive (see our reports here and ‎here).
  • Changes to the tasks and functions of ENISA, including providing ENISA with a strengthened and permanent mandate.

The UK Government also welcomes views from stakeholders on the impact of the proposals with respect to the UK’s exit from the EU.  The consultation closes on February 13, 2018.  Before then, and by January 20, 2018, the UK Government has been asked by the UK Parliament to clarify issues relating to the proposals, including on issues relating to the “Cybersecurity Act” and cybersecurity certification.

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Photo of Mark Young Mark Young

Mark Young is an experienced tech regulatory lawyer and a vice-chair of Covington’s Data Privacy and Cybersecurity Practice Group. He advises major global companies on their most challenging data privacy compliance matters and investigations. Mark also leads on EMEA cybersecurity matters at the…

Mark Young is an experienced tech regulatory lawyer and a vice-chair of Covington’s Data Privacy and Cybersecurity Practice Group. He advises major global companies on their most challenging data privacy compliance matters and investigations. Mark also leads on EMEA cybersecurity matters at the firm. In these contexts, he has worked closely with some of the world’s leading technology and life sciences companies and other multinationals.

Mark has been recognized for several years in Chambers UK as “a trusted adviser – practical, results-oriented and an expert in the field;” “fast, thorough and responsive;” “extremely pragmatic in advice on risk;” “provides thoughtful, strategic guidance and is a pleasure to work with;” has “great insight into the regulators;” and “is technologically sophisticated and advises on true issues of first impression, particularly in the field of AI.”

Drawing on over 20 years of experience, Mark specializes in:

Providing practical guidance and advising on potential exposure under GDPR and international data privacy laws in relation to innovative products and services.
Handling complex regulatory investigations and enforcement actions involving data privacy regulators in the UK, EU and globally, and advising on follow-on litigation risk.
Helping clients respond to cybersecurity incidents, including ransomware, supply chain incidents, state-sponsored attacks, insider threats, personal data breaches, and IP and trade secret theft.
Advising various clients on the EU NIS2 Directive, Cyber Resilience Act (CRA), and other emerging EU, UK, and global cybersecurity laws and regulations.
Advising life sciences companies on industry-specific data privacy issues, including clinical trials, pharmacovigilance, and digital health products and services.
Advising on data privacy compliance in relation to employees and international transfers of data in connection with white collar investigations.
Providing strategic advice and advocacy on a range of UK and EU technology law reform issues relating to data privacy, cybersecurity, eIDs, and software.
Representing clients in connection with references to the Court of Justice of the EU.

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