Tackling Cybersecurity and Data Privacy Issues in Mergers and Acquisitions (Part Two of Two)

The role of general counsel and compliance officers in pre-transaction due diligence is becoming increasingly integral in companies’ acquisitions processes.  Relatively new on their growing list of due diligence items are cybersecurity and data privacy issues.  For some deals, discovering problems in those areas will prompt a party to end the process.  But in other transactions, the parties will tackle the issues and find a solution to finalize the deal.  This article, the second in our two-part series on M&A cybersecurity best practices, examines how to handle cybersecurity problems when they are discovered, when to walk away and how to manage risk, remediation and integration when the deal does move forward.  Part one focused on cybersecurity and data privacy due diligence.  It also discussed proactive measures each side can take to facilitate a smooth transaction.  See also “Cybersecurity and Information Governance Considerations in Mergers and Acquisitions” (Jul. 1, 2015).

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