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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 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.
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On 7 March 2013, the UK Information Commissioner’s Office (ICO) issued new guidance for employers on the use of personal devices for business purposes.  The guidance is largely informed by a survey commissioned by the ICO and carried out by the market research firm YouGov.  According to the survey, 47 percent of adults in the UK use personal smart mobile phones, laptops or tablets for work purposes, but less than 30 percent are given guidance on secure use and the risks relating to loss or theft.  However, even when an employee uses a personal device, an employer may still be liable in the UK for the loss of data relating to individuals that the employer is required to protect.

UK companies have in recent years been increasingly amenable to allowing employees to use personal devices for business purposes, a practice known as “bring your own device” to work, or BYOD.   The driving forces behind the trend for BYOD include cost considerations and a rise in flexible working practices.  The ICO guidance reminds employers that their responsibilities as data controllers apply equally in the context of BYOD.  In other words, employers remain liable for any data loss, theft, or damage to personal data that occurs, regardless of whether processing takes place in their secure corporate IT environment or on the personal devices of their employees. …
Continue Reading Safer “Bring Your Own Device” Policies: New Guidance from the UK Information Commission’s Office