Webcast in German language – feel free to contact any member of our team for explanations in English.
In our Deloitte Legal Update webcast series, we address current legal issues - both in dealing with COVID-19 and the consequences of the pandemic, as well as other legal trends and developments that are important for corporate practice. In addition to the perspective of Deloitte Legal, we bring the expertise of our professionals from Deloitte Financial Advisory.
When implementing divestitures and acquisitions, the focus is on safeguarding business continuity. Since data is considered the “oil of the 21st century”, protecting this data has become increasingly important – not only for personal data, but also for technical data and trade secrets. As a result of these developments, legislators have not only enacted the General Data Protection Regulation, but have also taken action at the European and (inter)national level.
New laws, e.g., on the protection of trade secrets, IT security and the prevention of cybercrime, are creating a set of rules that will have far-reaching consequences. This not only entails extensive obligations for companies to take action. This development also means that data in its entirety is stepping out of its previous shadowy existence and playing (should play) a central role in the planning, design and execution of business transactions. Already during the structuring of business transactions, these topics are absolutely critical for success and require precise analysis of the status quo and the clarification of many essential questions, e.g.: How can important legacy data be transferred to the acquirer? What approvals and permissions are required for such a transfer? How is the data separated: logical separation vs. physical separation or a mix of both? Were the corporate measures to protect trade secrets “adequate”, so that the acquirer may also protect important trade secrets, algorithms and data from use by third parties? How can personal data continue to be used?
These questions and many others should be considered at the beginning of every contemplated business transaction and carefully examined in the due diligence process. The goal must be to close any carve-out gaps in a TSA (Transitional Service Agreement) to ensure standalone readiness on day 1.
Our webcast explains how this goal can be achieved and addresses not only the current legislative developments and requirements – the experts from Deloitte Financial Advisory also discuss measures that have proven effective in practice. In doing so, we want to work out what needs to be done to adequately prepare the collection and transfer of data assets in companies as part of a business transaction. Our legal and data experts will also be available to answer your questions afterwards.
Intended topics of focus are:
- Data assets in companies – collection and evaluation
- Overview and current status of legal requirements
- Explanations based on implementation options proven effective in practice
Please feel free to submit your questions for the Q&A already during your registration.
In case of organisational questions please contact:
Tel: +49 211 87722491
Dr. Katharina Scheja
Katharina Scheja joined Deloitte Legal as an expert in information technology, intellectual property and outsoucing in October 2017. She advises national and international clients in all kinds of technology transactions (e.g. IT/BPO-outsourcing, digitization & cloud projects, application development and distribution, licensing contracts). In this context she represents the customer side in its procurement of IT services. Katharina’s expertise covers all areas of law related to IT and IP transactions and the procurement process of such transactions in all stages (RFP to down-select to contract negotiations and post-closing contract support). Recent transactions comprised IT/BPO-outsourcing projects (e.g. infrastructure, SAP-maintenance, HR, Logistics, telecommunication, digital transformation and cloud) and distribution and licensing contracts. Katharina also enjoys a strong reputation as a litigator in the areas of IP cases (with a focus on software, Internet and e-commerce) as well as technology project failure and mal-performance. Before joining Deloitte Legal, Katharina Scheja was a partner in leading international law firms. She is listed among the "Best Lawyers in Germany 2024" in the ranking of the renowned US publisher Best Lawyers in the areas of Information Technology Law, Intellectual Property Law and Outsourcing. Chambers, Juve, Legal 500 and others have ranked her as a highly recommended IT lawyer; Handelsblatt and Wirtschaftswoche have continually listed her amongst the top IT lawyers in Germany. In 2016 she was awarded “IP Lawyer of the Year” in Frankfurt by Handelsblatt. Katharina Scheja speaks German and English.
Christian Plath ist Partner im Bereich M&A Operational Transaction Services (OTS) bei Deloitte innerhalb von Financial Advisory tätig und leitet dort die Services für M&A Technology und IT M&A. Er verfügt über mehr als 25 Jahre Beratungserfahrung und ist Experte für Due Diligences, Carve-outs und Post-Merger Integration an der Schnittstelle zwischen Business Operations, IT und Technology. Er begleitet multinationale Unternehmen und Private Equity Gesellschaften bei ihren globalen Divestitures und Acquisitions von der Strategie, Planung bis zur Umsetzung. Herr Plath ist Absolvent der Ruhr-Universität Bochum mit Doppelstudium Ingenieurwesen der Elektrotechnik und Wirtschaftswissenschaft (Dipl.-Wirtsch.-Ing. und Dipl.-Ing.). Er ist CVA Charterholder (Certified Valuation Analyst) und spricht Deutsch, Englisch und Portugiesisch.
Dr. Till Contzen
Till is a Partner at Deloitte Legal and Service Line Lead Digital Law, focusing on IT/IP law. Since becoming a lawyer in early 2012, Till has focused on all information technology-related legal matters. He has advised numerous clients in the modernization and outsourcing of IT services and the digitization of business processes. Additionally, he routinely advises clients in the development, implementation and distribution of complex IT solutions such as the ERP and CRM systems as well as migration into cloud environments and procurement in the area of ‚Everything-as-a-Service‘ (XaaS). Due to his in-depth understanding of technologies, Till is highly skilled in translating complex technical topics into legal language. Not only has he advised clients in the legal challenges of a project, he has also assisted his clients in navigating the numerous organizational, economical and procedural challenges which they face in the lifecycle of a project.
Johannes T. Passas, LL.M. (Edinburgh)
Johannes Passas joined Deloitte Legal in 2012 and is based in Hanover. He specializes in the areas of trade and distribution law and provides comprehensive advice on legal aspects of the supply chain, in particular in the areas of purchasing, sales and distribution (e-commerce , commercial agent, distributor and franchise systems), production and logistics as well as product safety and product liability. One of his main areas of practice is the drafting and negotiation of national and international commercial transactions as well as complex commercial contracts and terms and conditions of all kinds. In M&A-transactions he is regularly responsible for the due diligence process with respect to commercial and civil law aspects regarding the business operations of the target. Johannes Passas also advises on corporate due diligence and ESG aspects in the supply chain. Furthermore, he advises and represents his clients in contentious and litigation matters. Johannes Passas studied at the Universities of Hamburg, Athens and Edinburgh. He was admitted to the bar in 2005. Before joining Deloitte Legal, Johannes Passas worked for a renowned commercial law firm in Hanover. He speaks German and English.
Felix Skala, LL.M. (Boston University)
Felix Skala is head of the competition law department of Deloitte Legal Germany. Felix Skala has more than 20 years of experience advising national and international clients in all areas of German and European antitrust and competition law. He has conducted and coordinated numerous of European, national and multi-national merger control procedures. He has also been involved in several high-profile antitrust cases. In addition, Felix also advises undertakings and public authorities in all questions related to subsidies. Felix has experience in a wide variety of industries, including TMT, manufacturing, automotive, consumer business, healthcare and the public sector. The JUVE Handbook for Commercial Law Firms regularly lists Felix Skala as a "frequently recommended lawyer" for antitrust law: "extremely competent and very confident appearance, quick grasp of industry, product and market", client (JUVE Handbook 2021/2022)
Felix is a German qualified attorney-at-law (Rechtsanwalt) and Corporate/M&A practitioner who joined Deloitte Legal Germany in 1999, to be admitted to the firm’s partnership in 2006. Felix has over 20 years of experience in advising domestic and international clients in M&A transactions as well as complex cross-border and corporate restructurings – often as leader or member of multidisciplinary international teams. He also advises clients in all aspects of general corporate law, in particular with respect to regulations applicable to groups of companies, as well as commercial law. Felix is a member of the firm's practice group Real Estate and of our Dutch Desk. Felix received his legal education in Freiburg, Barcelona, Aruba, and Brussels. Besides his native German, he also speaks Dutch, English and Spanish fluently. For 10 consecutive years, JUVE Guide to Commercial Law Firms in Germany has been listing Felix as frequently recommended attorney for both Corporate Law as well as M&A, with competitors describing him as “competent and pragmatic“, “assertive, internationally experienced, resolute” as well as “outstanding M&A lawyer.”
Dr. Michael Fischer
Dr. Michael Fischer has been with Deloitte Legal since 2015 and is heading the China Desk of Deloitte Legal. Michael has more than 20 years of professional experience. Michael’s practice includes all aspects of transaction-related corporate law, including mergers & acquisitions and reorganizations, as well as ongoing corporate law advice and complex agreements such as strategic alliances. From 2005 to 2015, Michael Fischer was a partner and one of the founding members of Reed Smith in Germany. Prior to that, he was a partner of the legal arm of another Big Four company. He started his career as a lawyer with Raedler Raupach Bezzenberger. Michael Fischer has been listed with Best Lawyers Germany for several years. Michael Fischer speaks German and English.
Dr. Charlotte Sander, LL.M (Seattle/Dresden)
Dr. Charlotte Sander has joined Deloitte Legal in March 2019 as a Partner in the service line Employment & Pensions. Charlotte provides legal services for national and international clients in all aspects of individual and collective employment law. She is specialized in the conception and operating of restructuring projects in the field of employment law, e.g. outsourcings, mass lay-offs and unification of employment conditions. She has extensive experience in advising as regards protection of intellectual property in employment or service relationships. Moreover, she provides employment law support in connection with M&A transactions. Charlotte regularly publishes articles and is invited to speak on topics relating to employment law. Before joining Deloitte Legal, Charlotte worked several years for another leading international law firm in Berlin and Dresden. Charlotte speaks German and English.
Thomas Northoff joined Deloitte in 1994, and is a Partner for Deloitte Tax & Legal. He focusses on implementing innovative (legal-) technologies and handling of mass claims. Thomas advises public and private sector clients on strategy and organizational development, transactions, financing structures and tax law. Thomas also serves as managing partner of ClassReaction Rechtsanwaltsgesellschaft mbH and as chairman of the board of the Deloitte Foundation Besides his native German, Thomas speaks fluent English and has a solid command of French.