Bulletin | Cybersecurity, Privacy and Data Protection - Privacy, cybersecurity and M&A transactions – A cautionary tale

20.500.12592/r0fb8v

Bulletin | Cybersecurity, Privacy and Data Protection - Privacy, cybersecurity and M&A transactions – A cautionary tale

24 Jan 2023

Federal for almost all M&A transactions because they can affect the Trade Commission (FTC) announced enforcement action viability and value of the transaction, influence the nature against both Residual Pumpkin and PlanetArt, alleging that and terms of the transaction and, in some circumstances, each of them had violated the Federal Trade Commission cause the parties to abandon the transaction. [...] The FTC’s complaint alleged that each of Residual Pumpkin and PlanetArt engaged in unfair and deceptive acts and Privacy risks relating to Canadian M&A transactions will practices while operating the CafePress business, including: soon increase significantly as a result of the modernization (1) failing to provide reasonable security for the personal of Canadian privacy laws to give privacy commiss. [...] In addition, Residual Pumpkin was required to pay a and reports to regulators and affected individuals before $500,000 penalty for use by the FTC to provide consumer a transaction can result in post-transaction regulatory redress to CafePress customers and shopkeepers, and enforcement action against both the seller and the buyer. [...] Regulatory enforcement action regarding a pre-transaction ▪ Document the decisions and actions by or at the privacy breach can include scrutiny of the buyer’s direction of transaction decision-makers (e.g., corporate cybersecurity and privacy practices and result in orders directors and officers), based on consideration of due against the buyer regarding all of the buyer’s business diligence resul. [...] ▪ Consider privacy/cybersecurity due diligence results ▪ when negotiating the nature, structure and terms of Ensure non-disclosure agreements and transaction the transaction, and include in transaction agreements agreements include provisions required by privacy laws appropriate risk allocation provisions – representations for the disclosure and use of personal information in and warranties, coven.
Pages
3
Published in
Canada