GDPR compliant data protection warranties—pro-buyer—short form—asset purchase agreement
GDPR compliant data protection warranties—pro-buyer—short form—asset purchase agreement

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

  • GDPR compliant data protection warranties—pro-buyer—short form—asset purchase agreement

Insert the following as new definitions in the asset purchase agreement:

Data Processor

  1. has the meaning given to that term (or to the term ‘processor’) in Data Protection Laws;

Data Protection Laws

  1. means any applicable law relating to the processing of Personal Data and privacy, as applicable to a party, including:

    1. (a)

      in the United Kingdom:

      1. i

        the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426, and any laws or regulations implementing Directive 95/46/EC (Data Protection Directive) or Directive 2002/58/EC (ePrivacy Directive); and/or

      2. ii

        the General Data Protection Regulation (EU) 2016/679