Privacy And M&A Transactions: The Do's And Don'ts


Most M&A transactions require parties to exchange at least some personal information, whether it is the seller's employee or customer personal information. Addressing privacy compliance at an early stage of the M&A transaction allows sufficient time for remedial steps, both in terms of the transaction and the target's compliance, to be taken.

While privacy concerns are often overlooked in M&A transactions (at least until after the transaction has completed), since 12 March 2014 the new re-invigorated Australian Privacy Principles ("APPs") together with the very real prospect of fines for breaches of up to $1.7 million means that privacy compliance is now an important issue in M&A transactions (and a potentially costly one if not addressed). That is, compliance both in terms of (i) the transfer and collection of personal information as part of the transaction and (ii) the target with privacy law in conducting its business.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© DLA Piper | Attorney Advertising

Written by:


DLA Piper on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.