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Data Privacy And Cyber-security Issues In Mergers And Acquisitions

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Data privacy and cyber-security issues play a progressively prominent role when evaluating a possible company merger or acquisition target. Knowing a way to manage these issues might mean the difference between a mergers and acquisitions ( M&A ) transaction and one that quickly turns into a liability nightmare for the customer. As data privacy, cybersecurity, and data breach risks are necessary due diligence problems in mergers and acquisitions. Post-acquisition discovery of security issues and even notifiable breaches could be a way too common situation.

Verizon’s acquisition of Yahoo in February 2017 provides a recent, high-profile example. Verizon ultimately determined to move forward with the acquisition, even after discovering that Yahoo had suffered 2 huge data breaches, compromising over one billion user accounts. The foremost extremely publicized example of a merger or acquisition-related cybersecurity downside was Verizon’s discovery of a prior data breach at Yahoo! When having executed an acquisition agreement to acquire the corporate.

Over a third (40%) of acquiring corporations engaged in a very merger and acquisition dealings aforesaid they found a cybersecurity downside throughout the post-acquisition integration of the acquired company. Thus, 80th of respondents aforementioned that cybersecurity issues became extremely necessary within the M&A due diligence method whereas 70th of respondents aforementioned compliance issues are one amongst the foremost common forms of cybersecurity problems uncovered throughout due diligence, whereas 400th aforementioned a lack of comprehensive security design is also common.

Even for those acquiring corporations that shall inspect data security problems as a part of the M&A due diligence method. More often than not, the lawyers ask a battery of routine, privacy-related queries of a corporation even when that company doesn’t collect or handle consumer personal data. The main focus on data privacy, and not security more generally, is due partially to a general lack of awareness of broader cybersecurity issues, and a hyperawareness of the risks related to data breaches. To a large degree, an emphasis on data breach risks isn’t shocking since corporations should publically disclose breaches of private data to customers, and also the media often focuses considerable attention on these breaches, particularly large-scale ones.

This summarizes the growing potential issues like legal, financial, reputational, and operationally associated with cybersecurity, and additionally provides practical solutions on the way to identify, understand, and mitigate those risks throughout the merger or acquisition due to diligence method.
Therefore, in any merger and acquisition deal, conducting a strong level of due diligence is merely the battle. Putting in place representations and warranties during a purchase agreement, significantly as it considerations data privacy and cyber-security matters, is turning into an increasingly vital measure in guaranteeing a smooth and safe transaction.



Cyber Security Check in Indian Banks !

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The extent of data privacy norms in India is way less stringent versus those of the GDPR. Besides, the predomination for banks of public-sector that builds the impression of an implicit sovereign guarantee against the failure of such banks. This reduces the threat of reputation loss of public-sector banks because of cyber attacks.

In August 2018, When Cosmos Bank went through from cyber attack, resulting in approx. Rs 100 crore being siphoned off. In most developed countries similar attacks are rare. Such incidents need an outsized range of accounts to transfer the stolen money. Therefore, In most countries, direct money siphoning from banks through cyber-attacks are small-scale frauds through phishing attacks and stealing of payment cards or data.

Indian banks don’t have a lot of selection regarding a significant revamp of cybersecurity. Cyber attacks are global in nature and, with better cyber-risk preparation in OECD countries, hackers are increasingly specializing in vulnerabilities in emerging-market countries. this may produce existentialist issues for Indian banks. for instance, the money siphoned removed from Cosmos Bank is fourteen times the bank’s FY18 profit.
During 2008-17, banks in India faced 1,30,000 reported cases of cyber fraud involving an estimated Rs 700 crore. this is often comparable to simply 0.006% of the outstanding deposits of Indian banks. in contrast, a severe cyber attack may result in bank failure even once no money is lost directly.

In 2016, the rbi has asked banks to put in place board-approved, strong cyber-risk management systems. The regulator has additionally set norms that put losses because of cyber attacks nearly solely on banks. most significantly, the draft Personal Data Protection Bill, 2018, has projected that for breach of personal data protection, banks would face penalties the same as those under the GDPR.

As several of the ‘old’ private sector banks seem to be better prepared than their larger peers. Indian banks appear to focus a lot of on identification and prevention of cyber-attacks than breach detection, crisis management within the immediate aftermath of detection and corrective measures thenceforth. Quick breach detection and appropriate corrective actions decide the impact of such incidents on banks. Therefore, It is time that Indian banks get up to harsh cyber realities.

#CyberSecurity #cosmosbank #Cybersecuritybanks