Privacy And Cybersecurity Risks In Transactions – Impacts From Artificial Intelligence And Machine Learning, Addressing Security Incidents And Other Diligence Considerations

Cyberattacks. Data breaches. Regulatory investigations. Emerging technology. Privacy rights. Data rights. Compliance challenges. The rapidly evolving privacy and cybersecurity landscape has created a plethora of new considerations and risks for almost every transaction. Companies that engage in corporate transactions and M&A counsel alike should ensure that they are aware of and appropriately manage the impact of privacy and cybersecurity risks on their transactions. To that point, in this article we provide an overview of privacy and cybersecurity diligence, discuss the global spread of privacy and cybersecurity requirements, provide insights related to the emerging issues of artificial intelligence and machine learning and discuss the impact of cybersecurity incidents on transactions before, during and after a transaction.