Mark Young

Mark Young

Mark Young advises clients on data protection, cybersecurity and other tech regulatory matters. He has particular expertise in product counselling, GDPR regulatory investigations, and legislative advocacy. Mr. Young leads on EU cybersecurity regulatory matters, and helps to oversee our internet enforcement team.

He has been recognized in Chambers UK as “a trusted adviser – practical, results-oriented and an expert in the field.” Recent editions note that he is “deeply knowledgeable in the area of privacy and data protection,” “fast, thorough and responsive,” and has “great insight into the regulators.”

Mr. Young has over 15 years of experience advising global companies, particularly in the technology, health and pharmaceutical sectors, on all aspects of data protection and security. This includes providing practical guidance on analyzing and using personal data, transferring personal data across borders, and potential liability exposure. He specializes in advising in relation to new products and services, and providing strategic advice and advocacy on a range of EU law reform issues and references to the EU Court of Justice.

For cybersecurity matters, he counsels clients on practices to protect business-critical information and comply with national and sector-specific regulation, and on preparing for and responding to cyber-based attacks and internal threats to their networks and information. He has helped a range of organizations respond to cyber and data security incidents – including external data breaches and insider theft of trade secrets – through the stages of initial detection, containment, notification, recovery and remediation.

In the IP enforcement space, Mr. Young represents right owners in the sport, media, publishing, fashion and luxury goods industries, and helps coordinate a team of internet investigators that has nearly two decades of experience conducting global notice and takedown programs to combat internet piracy.

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UK Information Commissioner’s Office Publishes Draft Accountability Framework Tool

On 10 September 2020, the UK Information Commissioner’s Office (“ICO”) published its beta-phase “Accountability Framework” (“Framework”).  The Framework is designed to assist organisations, of any size and across all sectors, in complying with the accountability principle under the GDPR and in meeting the expectations of the ICO. The Framework will help those within organisations who … Continue Reading

UK ICO and The Alan Turing Insitute Issue Draft Guidance on Explaining Decisions Made by AI

The UK’s Information Commissioner’s Office (“ICO”) has issued and is consulting on draft guidance about explaining decisions made by AI.  The ICO prepared the guidance with The Alan Turing Institute, which is the UK’s national institute for data science and artificial intelligence.  Among other things, the guidance sets out key principles to follow and steps … Continue Reading

ICO publishes blog post on AI and trade-offs between data protection principles

On July 25, 2019, the UK’s Information Commissioner’s Office (“ICO”) published a blog on the trade-offs between different data protection principles when using Artificial Intelligence (“AI”).  The ICO recognizes that AI systems must comply with several data protection principles and requirements, which at times may pull organizations in different directions.  The blog identifies notable trade-offs … Continue Reading

Privacy Shield Ombudsperson Confirmed by the Senate

On June 20, 2019, Keith Krach was confirmed by the U.S. Senate to become the Trump administration’s first permanent Privacy Shield Ombudsperson at the State Department.  The role of the Privacy Shield Ombudsperson is to act as an additional redress avenue for all EU data subjects whose data is transferred from the EU or Switzerland … Continue Reading

IoT Update: Expert Q&A on the EU Cybersecurity Act

An Expert Q&A with Mark Young of Covington & Burling LLP on the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology (ICT) products, services, and processes, especially internet of things (IoT) devices. It also discusses how the Act supports the EU Directive on the Security of Network and Information … Continue Reading

AI Update: ICO’s Interim Report on Explaining AI

On June 3, 2019, the UK Information Commissioner’s Office (“ICO”), released an Interim Report on a collaboration project with The Alan Turing Institute (“Institute”) called “Project ExplAIn.” The purpose of this project, according to the ICO, is to develop “practical guidance” for organizations on complying with UK data protection law when using artificial intelligence (“AI”) … Continue Reading

IoT Update: The UK Announces Plans for New Connected Device Laws

On May 1, 2019, the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) launched a public consultation (“Consultation”) regarding plans to pursue new laws aimed at securing internet connected devices. The Consultation follows the UK’s publication of its final Code of Practice for Consumer IoT Security (“Code of Practice”) last October (the subject of … Continue Reading

ICO issues draft code of practice on designing online services for children

Earlier this month, the UK’s Information Commissioner’s Office published a draft code of practice (“Code”) on designing online services for children. The Code  is now open for public consultation until May 31, 2019. The Code sets out 16 standards of “age appropriate design” with which online service providers should comply when designing online services (such … Continue Reading

IoT Update: EU Commission Issues Recommendation on Cybersecurity in the Energy Sector

The European Commission (“Commission”) has published a Recommendation on cybersecurity in the energy sector (“Recommendation”). The Recommendation builds on recent EU legislation in this area, including the NIS Directive and EU Cybersecurity Act (see our posts here and here). It sets out guidance to achieve a higher level of cybersecurity taking into account specific characteristics … Continue Reading

Court of Justice of the EU Upholds Exclusive Jurisdiction Clauses in B2B ‘Click-wrap’ Contracts

The Court of Justice of the EU (‘CJEU’) has held that an exclusive choice of forum clause can validly be imposed by so-called “click-wrap” contracts in online B2B transactions (see Case C‑322/14, El Majdoub v. CarsOnTheWeb.Deutschland GmbH).   The ruling will make it easier for online businesses in the EU to impose a favorable choice of … Continue Reading
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