By Mark Young and Vera Coughlan

Formal adoption of the EU Network and Information Security (NIS) Directive is a step closer following a vote on January 14 by the European Parliament’s internal market and consumer protection (IMCO) committee.

As we reported in December, the European institutions reached an informal political agreement on the NIS Directive — dubbed the Cybersecurity Directive — on December 7, 2015, (see press release from the Council).  The informal consolidated text, dated December 18, is available here.  Member States (the Committee of Permanent Representatives (COREPER)) endorsed this agreement on December 18.

On January 14, the European Parliament’s IMCO committee voted in favour of the NIS Directive (34-2).  The committee confirmed that the minimum harmonisation requirements under the Directive do not apply to digital service providers.  This means that Member States would not be able to impose any further security or notification requirements on digital service providers when transposing the Directive into national law.

The IMCO committee also published a table, dated January 13, 2016, which provides an interesting overview of the different institutions’ positions during the negotiations.  This table sets out an article-by-article comparison of differences between the Commission proposal, European Parliament’s position, and the Council position, and shows suggested compromises and also the compromise amendments.

The NIS Directive will now be put forward for a full plenary vote in the European Parliament.  Once it is published in the Official Journal of the European Union and enters into force later this year, Member States will have 21 months to transpose it into national law.  Member States will then have a further 6 months to apply criteria laid down in the Directive to identify specific operators of essential services covered by national rules.  These processes are likely to be complicated, and companies that may fall within scope should participate in consultations and monitor developments across the EU over the coming months.

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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.