Cross-Border Privacy And Cybersecurity Considerations For M&A

Regardless of industry or which side you represent in an M&A transaction, significant privacy and cybersecurity concerns can arise at all stages of a proposed deal.

Privacy law reforms in Canada and the U.S., not to mention globally, are steadily rolling out, with new and varied requirements to consider. At the same time, the accelerated digitization of businesses and their supply chains has meant that organizations are increasingly at risk of cyberattacks. Buyers and sellers need to account for all of it: ensuring regulatory compliance and deterring privacy breaches, facilitating and conducting adequate due diligence of privacy and data governance-related matters, including understanding reputational, enforcement and litigation risks related to privacy and data governance—and drafting deal documents thoughtfully to properly allocate risk.