To help prepare an impact assessment on the potential effects in the UK of the proposed EU Directive on Network and Information Security (“NIS Directive”), the UK Government has launched a call for evidence to gather data.  As we summarised in this post, if enacted in its current form, the NIS Directive will require companies in the energy, transport, financial services and health sectors, as well as a broad range of online companies, to implement mandatory security measures and report security incidents that have a significant impact to national authorities.  UKG is particularly interested in the effects associated with the introduction of mandatory reporting of incidents with a ‘significant impact’, and the costs and benefits to organisations of being compliant with the proposed measures. 

The UKG paper states that while the UK is supportive of the broad objectives of the Directive, it “will need to ensure that the proposals create the right incentives for the private sector to share information, best practice and good governance”.  This focus is likely to welcomed by industry, and seems consistent with the UK’s preferred approach towards these issues, as illustrated by the Cyber-Security Information Sharing Partnership (CISP) that was launched in March.  (CISP is a joint, collaborative initiative between industry and UKG that is designed to share cyber threat and vulnerability information in order to increase overall situational awareness of the cyber threat and reduce the impact upon UK business — see more about it here.)

The deadline for responding to the UKG call for evidence is 21 June 2013.  The preference for submitting evidence is via the online response form

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Photo of Mark Young Mark Young

Mark Young, an experienced tech regulatory lawyer, advises major global companies on their most challenging data privacy compliance matters and investigations.

Mark also leads on EMEA cybersecurity matters at the firm. He advises on evolving cyber-related regulations, and helps clients respond to…

Mark Young, an experienced tech regulatory lawyer, advises major global companies on their most challenging data privacy compliance matters and investigations.

Mark also leads on EMEA cybersecurity matters at the firm. He advises on evolving cyber-related regulations, and helps clients respond to incidents, including personal data breaches, IP and trade secret theft, ransomware, insider threats, and state-sponsored attacks.

Mark has been recognized in Chambers UK for several years as “a trusted adviser – practical, results-oriented and an expert in the field;” “fast, thorough and responsive;” “extremely pragmatic in advice on risk;” and having “great insight into the regulators.”

Drawing on over 15 years of experience advising global companies on a variety of tech regulatory matters, Mark specializes in:

  • Advising on potential exposure under GDPR and international data privacy laws in relation to innovative products and services that involve cutting-edge technology (e.g., AI, biometric data, Internet-enabled devices, etc.).
  • Providing practical guidance on novel uses of personal data, responding to individuals exercising rights, and data transfers, including advising on Binding Corporate Rules (BCRs) and compliance challenges following Brexit and Schrems II.
    Helping clients respond to investigations by data protection regulators in the UK, EU and globally, and advising on potential follow-on litigation risks.
  • GDPR and international data privacy compliance for life sciences companies in relation to:
    clinical trials and pharmacovigilance;

    • digital health products and services; and
    • marketing programs.
    • International conflict of law issues relating to white collar investigations and data privacy compliance.
  • Cybersecurity issues, including:
    • best practices to protect business-critical information and comply with national and sector-specific regulation;
      preparing for and responding to cyber-based attacks and internal threats to networks and information, including training for board members;
    • supervising technical investigations; advising on PR, engagement with law enforcement and government agencies, notification obligations and other legal risks; and representing clients before regulators around the world; and
    • advising on emerging regulations, including during the legislative process.
  • Advising clients on risks and potential liabilities in relation to corporate transactions, especially involving companies that process significant volumes of personal data (e.g., in the adtech, digital identity/anti-fraud, and social network sectors.)
  • Providing strategic advice and advocacy on a range of EU technology law reform issues including data privacy, cybersecurity, ecommerce, eID and trust services, and software-related proposals.
  • Representing clients in connection with references to the Court of Justice of the EU.