Privacy & Data Protection

Business acquisitions typically involve the up-front review of target-related information, sometimes by several potential buyers. The information reviewed during such ‘due diligence’ exercise may include customer data and employee files, which are likely to constitute ‘personal data’ under EU data privacy rules. The need for effective compliance with EU data privacy rules in the context of business transfers is often neglected, exposing both sellers and potential buyers to possible private claims and/or public sanctions. Wim Nauwelaerts takes a look at how EU data privacy law impacts on the preparatory stage of mergers and acquisitions….

Read More… from Mergers & Acquisitions In Europe: Diligence is Due When Disclosing Personal Data

Although the accession countries have been swift to implement the data protection and e-privacy directives, a large majority have failed to implement them correctly in a number of important respects. Ironically, the areas of greatest departure are the same areas the Commission identified last year as the areas where the original 15 Member States had also fallen down. In a number of cases, the deficiencies are so great that the EU Member States are vulnerable to enforcement action by the EU Commission for failure to implement the directives as required. Richard Cumbley and Tanguy Van Overstraeten of Linklaters explain….

Read More… from History Repeats Itself: Implementation of EU Data Protection Legislation in the Accession Countries