Deloitte Legal Webcast "Legal Update #10/2021"

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 21^st 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.

In case of organisational questions please contact:

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