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Privacy and Data Security in Mergers & Acquisitions

Data can be a valuable asset or an incredible liability to your business. Proactive data privacy practices are strategically critical in this data economy because of the extreme cost of mistakes today. Whether you’re considering a business acquisition, merger, or selling your business, a combination of the right people, processes, and technology must be deployed in advance to evaluate the “true” value and usability of the potentially acquired data. As you prepare for a fundamental business change, Privacy and Data Security in Mergers and Acquisitions explains key privacy and data security concerns you should consider with counsel.

Key takeaways include:
  • Develop a pre-M&A strategy and internal review complete with considerations and questions that need to be answered

  • How to conduct thorough due diligence of privacy and data security practices, including privacy notices and terms of use

  • The high risk, vendor management, and geographic considerations that must be included in the due diligence process

Companies that invest throughout the economic cycle have far superior returns than those that participate sporadically. Recession winners average 14% in compounded annual EBIT growth in the 13 years following a downturn compared with zero for recession losers, according to a Bain & Company study of nearly 3,900 companies.


Data Value Matters

After years of pandemic and supply chain woes, the economic outlook remains uncertain. Determining the accurate data value when engaging in a merger, acquisition, or joint venture can be the difference between success and failure for the resulting firm. To understand the value of data, you must know the privacy and security practices that govern that data.

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