Managing privacy and cyber risks in M&A transactions

Privacy and cyber risks are essential considerations for almost all merger, acquisition and financing (“M&A”) transactions. Privacy and cyber risks can affect the viability and value of a transaction, influence the nature and terms of a transaction and, in some circumstances, cause the parties to abandon a transaction. In addition, parties to an M&A transaction and their directors and officers (if applicable) might be legally obligated to address privacy and cyber risks in connection with the transaction and incur potentially significant liabilities if they fail to do so. In Canada, privacy and cyber risks regarding M&A transactions will soon increase significantly as a result of the modernization of Canadian privacy and cybersecurity laws. For those reasons, parties to an M&A transaction should appropriately address privacy and cyber risks throughout the transaction life cycle.

You can consult our article on this topic available on BLG’s website.

This content has been updated on May 17, 2023 at 13 h 22 min.