Data privacy is squarely in the spotlight of not only consumers and government regulators, but also of senior management, boards of directors, and shareholders, in particular in light of the impacts of COVID-19. There has been an increase in cybercrime and hackers wanting access to the surplus of online information generated from the world economy now “working from home.”
Data privacy in M&A is complex, with increased security incidents reported on disclosure schedules and elaborate data security representations and warranties in the transaction agreements. Now companies will need to be even more sensitive to the uptick of cybercrime and its impact on valuations and latent issues post-close. As the economy moves forward and M&A activity picks back up, companies need to be highly sensitive to the potential for post-closing issues, which should be weighed when considering price and post-close integration.
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