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What are the key issues under the GDPR that a buyer involved in a share purchase or asset purchase M&A transaction should consider?

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Published on LexisPSL on 21/05/2018

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • What are the key issues under the GDPR that a buyer involved in a share purchase or asset purchase M&A transaction should consider?

What are the key issues under the GDPR that a buyer involved in a share purchase or asset purchase M&A transaction should consider?

The GDPR became directly applicable and fully enforceable in all EU Member States from 25 May 2018. The GDPR introduced substantial amendments to data protection law and replaced the Data Protection Act 1998 (DPA 1998) and Directive 95/46/EC. The GDPR permits a number of national derogations. In the UK, the adoption of the GDPR into UK law was assisted and supplemented by the Data Protection Act 2018 (DPA 2018) which provides permitted national derogations/exceptions to the requirements of the GDPR, see Practice Note: The Data Protection Act 2018.

On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law. During this period, the GDPR applies in the UK and the UK generally continues to be treated as an EU (and EEA) state for EEA and UK data protection law purposes. For further guidance on that period, its duration and the data protection laws that are anticipated to apply after the end of it, see Practice Note: Brexit—implications for data protection.

The GDPR imposes a more prescriptive and tougher data protection regime than under DPA 1998, including in the area of processing arrangements. Under the GDPR data

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