Privacy considerations in Merger and Acquisition Transactions: Global perspectives

M&A Transactions necessarily involve enormous effort focused on the deal’s ‘commercial’ aspects (eg, merger / competition clearance, negotiating pricing, obtaining finance, etc). Sometimes, privacy and data protection matters can be overlooked, or given only cursory consideration. Privacy compliance can have significant impacts on the successful completion of the M&A Transaction and the ongoing operation of the acquired business.

Inhouse counsel participating in or advising on merger and acquisition transactions should read this article to learn practical insights about:

• common “red flags” concerning privacy- and data protection matters that should be identified and resolved early in the due diligence phase;
• common contractual representations and warranties that should be sought in transactions, and claims that are commonly made for reliance on those representations and warranties;
• a useful, structured approach for acquirers and target businesses, to progressively share personal information in a manner to minimise privacy and data protection breaches; and
• critical integration and compliance steps to be completed post-acquisition

Access to the full article.