The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Fri, 13 Aug 2021 16:44:55 +0000 en-US hourly 1 https://wordpress.org/?v=5.7.2 Privacy in M&A Transactions: Personal Data Transfer and Post Closing Liabilities https://corpgov.law.harvard.edu/2016/11/10/privacy-in-ma-transactions-personal-data-transfer-and-post-closing-liabilities/ https://corpgov.law.harvard.edu/2016/11/10/privacy-in-ma-transactions-personal-data-transfer-and-post-closing-liabilities/#respond Thu, 10 Nov 2016 17:33:53 +0000 http://corpgov.law.harvard.edu/?p=74855?d=20161110175037EST Posted by Daniel Ilan, Cleary Gottlieb Steen & Hamilton LLP, on Thursday, November 10, 2016
Editor's Note: Daniel Ilan is a partner at Cleary Gottlieb Steen & Hamilton LLP. This post is based on a Cleary Gottlieb publication by Mr. Ilan, Jane Rosen, Emmanuel Ronco, and Natascha Gerlach. This post relates to a recent Cleary Gottlieb publication, Privacy in M&A Transactions: Pre Closing Liabilities, available on the Forum on here.

One aspect of mergers and acquisitions that is receiving growing attention is the relevance of privacy issues [1] under U.S. and European Union (“EU”) laws as well as the laws of a growing number of other jurisdictions. [2] This two-part blog post discusses the principal M&A-related privacy risks and highlights certain “traps” that are often overlooked. In Part 1, we discussed risks associated with a target’s pre-closing privacy-related liabilities and considered ways to mitigate these risks through adequate diligence and privacy-related representations in M&A agreements. In this Part 2, we discuss the risks associated with transferring or disclosing personally-identifiable information (“personal data”) of an M&A target (or a seller) to a purchaser (or prospective purchaser) and those associated with the purchaser’s post-acquisition use of such personal data.

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]]> https://corpgov.law.harvard.edu/2016/11/10/privacy-in-ma-transactions-personal-data-transfer-and-post-closing-liabilities/feed/ 0 Privacy in M&A Transactions: Pre Closing Liabilities https://corpgov.law.harvard.edu/2016/11/07/privacy-in-ma-transactions-pre-closing-liabilities/ https://corpgov.law.harvard.edu/2016/11/07/privacy-in-ma-transactions-pre-closing-liabilities/#respond Mon, 07 Nov 2016 14:30:00 +0000 http://corpgov.law.harvard.edu/?p=74809?d=20161110175005EST Posted by Daniel Ilan, Cleary Gottlieb Steen & Hamilton LLP, on Monday, November 7, 2016
Editor's Note: Daniel Ilan is a partner at Cleary Gottlieb Steen & Hamilton LLP. This post is based on a Cleary Gottlieb publication by Mr. Ilan, Jane Rosen, Emmanuel Ronco, and Natascha Gerlach.

One aspect of mergers and acquisitions that is receiving growing attention is the relevance of privacy issues [1] under U.S. and European Union (“EU”) laws as well as the laws of a growing number of other jurisdictions. [2] This two-part blog post discusses the principal M&A-related privacy risks and highlights certain “traps” that are often overlooked. In this Part 1 of the post, we discuss risks associated with a target’s pre-closing privacy-related liabilities and consider ways to mitigate these risks through adequate diligence and representations in M&A agreements. In Part 2, we discuss the risks associated with transferring or disclosing personally-identifiable information (“personal data”) of an M&A target (or a seller) to a purchaser (or prospective purchaser) and those associated with the purchaser’s post-acquisition use of such personal data.

(more…)

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