Data Privacy and Cybersecurity in M&A: A New Era
Author | Daniel Ilan - Emmanuel Ronco - Jane Rosen |
Position | Daniel Ilan is a partner in Cleary Gottlieb Steen & Hamilton LLP's New York office. Emmanuel Ronco is counsel in the firm's Paris office. Jane Rosen is an associate in the firm's New York office. Their practices focus on intellectual property law, as well as cybersecurity, privacy, and data protection. They may be reached, respectively, at... |
Pages | 51-56 |
Published in Landslide® magazine, Volume 10, Number 6, a publication of the ABA Section of Intellectual Property Law (ABA-IPL), ©2018 by the American Bar Association. Reproduced with permission. All rights reserved.
This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
By Daniel Ilan, Emmanuel Ronco, and Jane Rosen
Daniel Ilan is a partner in Cleary Gottlieb Steen & Hamilton LLP’s New York ofce. Emmanuel
Ronco is counsel in the rm’s Paris ofce. Jane Rosen is an associate in the rm’s New York
ofce. Their practices focus on intellectual property law, as well as cybersecurity, privacy, and
data protection. They may be reached, respectively, at dilan@cgsh.com, eronco@cgsh.com, and
jcrosen@cgsh.com.
A New Era
A
few years ago, buyers in mergers and acquisitions (M&A) conducted limited privacy1 or cybersecurity diligence, and
purchase agreements and their ancillary documents rarely explicitly addressed privacy and cybersecurity risks. Today,
substantive diligence in these areas is often imperative, and most transaction agreements now contain robust provisions
(and sometimes stand-alone data transfer agreements) relating to these risks. These signicant changes have resulted not only
from the dramatic increase in devastating cyberattacks and the increased sophistication of hackers,2 but also from the grow-
ing number of U.S. and foreign legislative measures addressing privacy and cybersecurity and the focus of regulators on these
issues, including in their review of M&A deals.
Image: iStockPhoto
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