Privacy And M&A: A Step-by-step Guide For Dealmakers

Privacy and cybersecurity (referenced together as “cyber” in this article) risks and opportunities in M&A deals continue to attract increased attention as countries, including Canada and the U.S., introduce new and more stringent privacy-related requirements. These include increased powers for regulators to levy substantial fines or impose other sanctions for violations¹.

Meanwhile, cyber risks have only grown during COVID as people work from home, expanding the avenues through which hackers can gain access to data as well as through the broad digitization and datafication of everyday life.

It's now a simple statement of fact that all companies are now data companies, so it's no surprise that the risks and opportunities of data in M&A transactions are also becoming a more significant and integrated matter of corporate governance during the deal process. Careful steps and planning must be taken by all parties in a transaction before it begins, during negotiations