National Insights: Data Protection Challenges In Asset Deals - A Professional Perspective * EFDPO - European Federation of Data Protection Officers

The DSK resolution highlights that the processing of personal data in asset deals presents unique challenges, necessitating a comprehensive understanding of data protection laws and their application in corporate transactions.

Unlike share deals, asset deals often trigger a change of data controller under data protection law, which introduces specific legal requirements and necessitates careful compliance during the transfer of personal data.

In the due diligence phase, the transfer of personal data is generally prohibited unless there is express consent from the data subject or a demonstrated legitimate interest under GDPR.

For employee data, the DSK resolution indicates that personal data transfer is permissible if it is necessary for fulfilling the employment contract, highlighting critical compliance considerations for businesses.

Read at EFDPO - European Federation of Data Protection Officers