Gartner Research

Implications for M&A After the Marriott Data Breach

Published: 15 March 2019

ID: G00707625

Analyst(s): Legal and Compliance Research Team

Summary

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.

Table Of Contents

Background

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

Conclusion

Recommended by the Authors

About This Research

Endnotes

©2020 Gartner, Inc. and/or its affiliates. All rights reserved. Gartner is a registered trademark of Gartner, Inc. and its affiliates. This publication may not be reproduced or distributed in any form without Gartner’s prior written permission. It consists of the opinions of Gartner’s research organization, which should not be construed as statements of fact. While the information contained in this publication has been obtained from sources believed to be reliable, Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartner research may address legal and financial issues, Gartner does not provide legal or investment advice and its research should not be construed or used as such. Your access and use of this publication are governed by Gartner’s Usage Policy. Gartner prides itself on its reputation for independence and objectivity. Its research is produced independently by its research organization without input or influence from any third party. For further information, see Guiding Principles on Independence and Objectivity.

Already have a Gartner Account?

Become a client

Learn how to access this content as a Gartner client.