GDPR compliant data protection warranties—pro-seller—long form—share purchase agreement
GDPR compliant data protection warranties—pro-seller—long form—share purchase agreement

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

  • GDPR compliant data protection warranties—pro-seller—long form—share purchase agreement

Insert the following as new definitions in the share 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 (GDPR) and Data Protection Act 2018 and/or any corresponding or equivalent national laws or regulations;

    2. (b)

      in member states of the European Union and/or European Economic Area: the Data Protection Directive or the GDPR and the ePrivacy Directive, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and

    3. (c)

      any judicial or administrative interpretation of any of the above, any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant Supervisory Authority;

Data Subject

  1. has the meaning given to it in applicable Data Protection Laws from time to time;

Data Subject Request

  1. means a request made by a Data