Published: 15 March 2019
Analyst(s): Legal and Compliance Research Team
Following the 2018 data breach, Marriott faces damaging financial, legal and reputational risks that may have been discovered during the M&A process. Our research identifies the M&A implications and how data privacy officers can address them.
Implications for M&A Due Diligence
M&A Due-Diligence Action Steps
1. Account for Privacy and IT Risks in the M&A Risk Appetite
2. Consider Expanding Privacy and Cybersecurity Clauses in M&A Contracts
3. Consider Retaining Counsel With Privacy and Cybersecurity Expertise
4. Include Privacy and Cybersecurity in SWOT Analysis
5. Conduct Basic Cybersecurity Testing on the Target Company
6. Conduct Penetration Testing and Open-Source Threat Intelligence (OSINT)
7. Assess the Target Company’s Data Management Practices
8. Determine the Value of Data Assets and Risk Exposure
9. Develop an Action Plan and Recommendations
Recommended by the Authors
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