by: Leonardo Neri
The role of the Data Protection Officer (DPO) in a mergers and acquisitions (M&A) transaction is important in three key phases of the corporate transaction:
– Negotiation;
– Due Diligence;
– Maintenance and future risks.
In the mentioned phases, the crucial points for the DPO’s attention are developed by the analysis of the following documents: i) Execution of a Confidentiality Agreement or NDA; ii) Preparation and signature of an MOU or LOI; iii) Execution and validation of the Due Diligence Report; iv) Preparation of a Proposal; v) Execution of the Purchase and Sale Agreement and related terms.
Finally, it is worth noting that in a survey conducted by Merrill Corporation and Euromoney Thought Leadership Consulting, with more than 500 professionals from around the world, half said they had given up on an M&A transaction because of companies’ inadequacy with European privacy regulations (GDPR).