Understand the applicability of the GDPR and CCPA and how to incorporate data privacy compliance into M&A preparation and due diligence.
Violations of the GDPR and CCPA can result in serious liabilities. The EU's General Data Protection Regulation (GDPR) and California's Consumer Privacy Act (CCPA) impose new data privacy obligations and restrictions, at times with extra-territorial scope. Violations of these laws can result in serious liability for U.S. companies even after a merger or acquisition has occurred. Even so, many U.S. companies have not come into full compliance with the GDPR and CCPA, which can result in new liabilities and risks during M&A deals. This topic helps the persons involved on the buyer and seller sides of M&As understand the applicability of the GDPR and CCPA to U.S. companies and how to incorporate data privacy compliance into M&A preparation and due diligence. The material also explains how data privacy risks can be addressed in relevant M&A documentation and post-deal integration and system management. As data privacy regulators enforce these new laws and individuals become more familiar with their new data privacy rights, this information is critical for businesses to ensure that their M&A processes protect parties from inadvertent noncompliance.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview: Influence of EU GDPR and New California Privacy Law
- Data Privacy in Manda Deals
Overview of GDPR and CCPA
- GDPR
- Extraterritorial Scope
- Liability
- Lawful Basis for Processing
- Privacy by Design
- Data Subject Rights
- Breach
- CCPA
- Scope
- Liability
- Consumer Rights
- Consent
- Data Protection
- Breach
Early Stage Activities
- Data Privacy Review (Sell-Side Perspective)
- Identify Applicability of GDPR and CCPA
- Data Mapping
- Identify Gaps and Deficiencies
- Due Diligence (Buy-Side Perspective)
- Designate Party to Audit Data Privacy Practices
- Review Data Mapping
- PreExisting Liability and Breaches
Identifying Key Risks
- Privacy by Design (Systemic Issues)
- Data Transfers
- Integrating Data Systems
- Deficient Compliance Procedures
- Breaches
- Unlawfully Processed or Sold Data
Representations, Warranties, Indemnities
- Reps and Warranties
- Indemnities
- Data Privacy Provisions
Ancillary Documents
- Privacy Notices
- Consent Records
- Processing Records
Post-Deal Considerations
- Updating Data Subjects
- Transitional Services (Integrating Data Systems)
- Managing On-Going Use of Databases
- Preserving On-Going Controls
- Updating/Improving Procedures and Controls
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 22, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Oliver Krischik
GKG Law, P.C.
- Partner, GKG Law, P.C.
- Practice areas include data privacy, OFAC economic sanctions, export controls, anti-money laundering, transportation, trade and logistics, international trade compliance, banking and financial fraud, and trade and professional associations
- Currently advises all GKG Law attorneys on data privacy and sanctions issues pertaining to various practices at the firm
- Super Lawyers Rising Star, Top Rated Administrative Law Attorney in Washington, D.C. and Best Lawyers Ones to Watch in Washington, D.C. Transportation Law
- Often quoted in national publications, including The New York Times, on areas related to his practice areas
- Featured speaker on webinar and seminar topics, including data privacy, international trade, transportation, and issues surrounding sanctions and immigration
- Published author on a range of legal issues, including data privacy, OFAC sanctions, federal financial regulations, export controls, and transportation
- Served as co-chair of the Economic Sanctions Practice Group at a mid-size firm prior to joining GKG Law, P.C.
- American Bar Association Section of International Law’s Export Controls and Economic Sanctions Committee and Steering Group Member
- Admissions: Virginia and the District of Columbia
- J.D. degree, Georgetown University Law Center
- Can be contacted at [email protected] or 202-342-5266
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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