Privacy and M&A transactions: the dos and don’ts

By Alec Christie

Most mergers and acquisitions (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 AUD1.7m (£960,000) 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.

If the transaction involves business operations or related entities in other jurisdictions in the Asia-Pacific region, you should note that significant legislative advancement on the privacy/data protection front has occurred in this region over the last two to three years. Advancements such that it will be necessary to consider the privacy/data protection obligations and impacts in each relevant Asia-Pacific jurisdiction. Also, given that the EU has been the leader in data privacy protection and is currently considering fines for non-compliance of up to two per cent of the annual turnover of organisations, any transaction touching on an entity based in or conducting business in Europe should be especially careful to consider privacy/data protection compliance…

Click on the link below to read the rest of the DLA Piper briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer


3 Noble Street

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 542 (International 50)
No. of partners: 142.6