Event
23 Jun.

Deloitte Legal Webcast "Legal Update #10/2021"

Data in Corporate Transactions – which aspects must be considered in carve-outs

Wednesday, 11:00 a.m.  CET
Event language: German

June 23, 2021 | 11:00 to 11:45 am (CET)

Registration

Webcast

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:

  • Introduction
  • Data assets in companies – collection and evaluation
  •  Overview and current status of legal requirements
  • Explanations based on implementation options proven effective in practice
  • Q&A

Please feel free to submit your questions for the Q&A already during your registration.

Registration

Register here for our Webcast.

Information

In case of organisational questions please contact:

Corinna Göbert
Tel: +49 211 87722491
E-Mail: cgoebert@deloitte.de

 

Your Contact

Dr. Katharina Scheja

Dr. Katharina Scheja

Of Counsel

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. Chambers, Juve, Legal 500 and all 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. Office: Frankfurt 

Christian Plath

Christian Plath

Partner | Operational Transaction Services

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

Dr. Till Contzen

Partner

Till is a Partner at Deloitte Legal and has been working in the Service Line “Digital Business, IT/IP” since October 2017, 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 T. Passas, LL.M. (Edinburgh)

Partner

Johannes T. Passas has been working in the Hanover office of Deloitte Legal since 2012. Johannes focuses on national and international distribution and trade law and on insolvency law. His work covers comprehensive legal advice with respect to distribution networks, national and international trade transactions and commercial contracts including general terms and conditions. In the area of insolvency law Johannes advises distressed companies, creditors and insolvency administrators. Johannes advises and represents clients also in disputes and litigation. Johannes studied law at the Universities of Hamburg and Athens. At the University of Edinburgh he attended a master programme focusing on transnational commercial law (LL.M. in Commercial Law). He was admitted to bar in 2004. Before joining Deloitte Legal, Johannes  worked for an international law firm in Brussels and a renowned commercial law firm in Hanover. Johannes speaks German and English. Office: Hanover 

Felix Skala, LL.M. (Boston University)

Felix Skala, LL.M. (Boston University)

Partner

Felix Skala is head of the competition law department (antitrust, state aid law, public procurement law) of Deloitte Legal Germany and member of management team of the international Deloitte Legal Center of Expertise in EU Competition and Regulatory Law. Felix Skala has more than 17 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 public procurement law and subsidies. Felix has experience in a wide variety of industries, including TMT, manufacturing, automotive, consumer business, healthcare and the public sector. Office: Hamburg 

Felix Felleisen

Felix Felleisen

Partner

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 heads the firm's practice group Real Estate and is responsible for the firm's Dutch Desk activities. 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.” Office: Dusseldorf 

Dr. Michael Fischer

Dr. Michael Fischer

Partner

Dr. Michael Fischer has been a partner 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 BestLawyers Germany for several years. Michael Fischer speaks German and English. Office: Munich

Dr. Charlotte Sander, LL.M (Seattle/Dresden)

Dr. Charlotte Sander, LL.M (Seattle/Dresden)

Partner

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. Office: Hanover 

Thomas Northoff

Thomas Northoff

Partner

Thomas Northoff joined in Deloitte 1994, and is, as a Partner for Deloitte Tax & Legal, the Managing Partner for Deloitte Legal. He advises public and private sector clients on funding strategies and optimization of grants & incentives, strategy and organizational development, transactions, financing structures and tax law. Thomas also serves as a member of the board of the Deloitte Foundation and member of the supervisory board at Universitätsmedizin Rostock. Office: Munich 

Wednesday, 23 Jun 2021 11:00 a.m. CET
Share Share event on social
Registration