The failure of a target company to comply with applicable privacy and data security legislation, regulations, and standards can present a significant risk to the acquiring company. Shannon Yavorsky explains why understanding a target’s data privacy and data security profile has become a critical consideration in M&A transactions. By carefully considering privacy and data security issues, purchasers can manage transactional risk and ensure that the purchase agreement contains provisions that adequately address the target’s particular business and practices. Carrying out a considered diligence exercise also enables a purchaser to manage privacy and data security compliance after closing.
Shannon Yavorsky is a US and UK qualified technology and intellectual property transactions partner in the San Francisco office of Kirkland & Ellis LLP. Shannon focuses her practice on a wide variety of transactions involving intellectual property and information technology, such as licensing, joint ventures, IT services, manufacturing, distribution and supply agreements, mergers and acquisitions, private equity investments, and secured lending and restructuring. She has extensive experience in European data protection, US data privacy, and cybersecurity issues and frequently writes and speaks about emerging data privacy and security issues.
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