By: Leonardo Neri

The Data Protection Officer, known as DPO (Data Protection Officer), a term originating from Europe, is one of the most important roles when it comes to Privacy and Personal Data Protection. However, very little is discussed when we think about the importance of the DPO's position in the negotiation and completion of a merger and acquisition (M&A) transaction.

Mazzucco & Mello Advogados has participated in several highly relevant corporate transactions, and the strategic position of the DPO in the due diligence phase has been essential to the success of the transactions. The role of the DPO is essential for both the acquired (merged) company and the acquired (formed) company.

The role of the DPO is included in any type of company that is involved in a transaction involving the purchase and sale of corporate assets. Thus, the DPO should be seen as a discussion partner within the organization and as a member of committees and work involving data processing. One of the main responsibilities of the DPO is to act in crisis committees, especially when detecting security incidents that may potentially affect thousands of personal data.