Following more than two years of extensive consultations on the review of the European data protection framework, the European Commission was expected to publish its proposal for a General Data Protection Regulation later this month.  As we reported on this blog, an early version of this proposal, which was widely leaked last December, contained several radically new concepts and granted the Commission significant powers to provide additional guidance and detail on particular matters.  We now understand, however, that following the “inter-services” review of different Directorates-General of the European Commission, the proposal will not be published until late February or early March 2012.  In the meanwhile, it is expected that Viviane Reding, the European Commissioner in charge of the review, will present some form of communication later this month, without full details of proposed legislation.

Given the importance of the review, it is only right that the Commission takes its time with the proposal, but it seems likely that elements of the draft circulated for review within the Commission may have been resisted due to their controversial nature.  For example, as we previously reported, the leaked draft broadened the scope of “personal data” and placed significant reliance on opt-in consent as a legal basis to process data in a revised regime; appeared likely to increase administrative burdens for data controllers by introducing mandatory data protection impact assessments and reporting obligations; and granted supervisory authorities wide powers to impose substantial fines — between 100,000 and 1,000,000 Euros, or as much as 5% of an enterprise’s annual worldwide turnover — for breaching the new rules.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.