This briefing should be read in conjunction with our briefing “GDPR and PDPB: what do you need to know” of July 2018.
In this briefing, we consider the impact of GDPR and PDPB on cross-border M&A transactions.
Companies and individuals contemplating an M&A transaction, including preliminary due diligence (“DD”), must contend with increasing amounts of data and levels of detail of said data. This increase has been assisted and accelerated by technology and the enhanced speed of data processing. In some sectors, such as technology and healthcare and in consumer-facing industries and companies, the volume of data increases exponentially from one deal to the next.
The implementation of GDPR and the likely introduction of PDPB will increase the regulatory and compliance issues which the parties must address in an M&A transaction.