In this short talk, Beatriz provides practical insights and valuable tips on data protection in M&A assessments:
– Thorough due diligence is paramount, including assessing the target’s compliance with relevant laws and identifying potential privacy risks.
– Key aspects to review include privacy policies, procedures and processes for managing security breaches and individual rights.
– Reviewing both controller and processor records of processing activities is critical, as is assessing the lawfulness and proper collection of data in databases, particularly in the context of digital businesses.
In addition, reviewing contracts with vendors and customers to ensure data protection compliance is essential, as well as understanding potential privacy liabilities and reputational risks before regulators become involved.
Following due diligence, effective risk management is critical:
– Collaborating closely with the acquirer to understand their strategies for mitigating risks
– Estimating the potential economic impact of any privacy breach is challenging but necessary, considering historical precedents and conducting cost-benefit analyses.
Lastly, ensuring a seamless integration plan with the new company is key, addressing replicated policies, data flows, and roles, tailored to the specific needs of the acquired company and the emerging entity post-M&A.
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