Data sharing under the GDPR in joint venture and private equity fund transactions
Data sharing under the GDPR in joint venture and private equity fund transactions

The following Corporate guidance note provides comprehensive and up to date legal information covering:

  • Data sharing under the GDPR in joint venture and private equity fund transactions
  • The GDPR
  • Key guidance
  • Due diligence
  • M&A and other investment transactions
  • Important steps prior to commencing sharing
  • Analyse the data to be shared
  • Consider the status of, and relationship between, the parties
  • General obligations on controllers under the GDPR
  • Consider whether the data sharing will be one-off/ad-hoc or routine
  • more

The law as set out in this Practice Note may be affected by Brexit. For further details of its impact, see Practice Note: Brexit—impact on corporate joint ventures.

The GDPR

This Practice Note provides an overview of the data protection issues to consider under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) where personal data is shared in connection with the formation or ongoing business of a joint venture or the investment in a private equity fund. As part of a joint venture transaction, personal data may be shared between potential joint venture parties as part of their due diligence prior to the entry into a joint venture or between joint venture parties in an existing joint venture and a party considering joining such joint venture as part of its due diligence. Additionally, once a joint venture is set up, the joint venture parties may continue to provide personal data (between themselves and possibly to the joint venture company (JVC)) to further the business of the JVC. For the purposes of this Practice Note, it is assumed that the relationship between the joint venture parties sharing personal data following formation of the joint venture would be that of controllers. In a private equity fund transaction, personal data may be shared by a private equity fund with potential investors in order to