Quick Answer

DPDP Act 2023 due diligence in M&A transactions includes assessing the target's data protection compliance posture, identifying pending Data Protection Board investigations, evaluating consent validity for acquired customer databases, and reviewing vendor DPAs. Personal data assets and compliance liabilities are now material to deal valuations. Acquirers assume DPDP Act obligations for acquired data — making pre-acquisition privacy diligence essential.

M&A Privacy Due Diligence Checklist — DPDP Compliant India

Comprehensive privacy due diligence checklist for M&A transactions in India — covering DPDP Act 2023, data inventory, consent chains, and breach history review.

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Quick AnswerM&A privacy due diligence covers: target's data inventory, consent basis for all personal data, breach history, vendor DPAs, SDF designation risk, and post-merger data integration plan. Missing DPDP liabilities can become significant post-acquisition costs.

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Section 1: Data Inventory & Mapping Review

Section 2: Consent Chain Validation

Section 3: Breach & Incident History

Section 4: Vendor DPA Assessment

Section 5: SDF Designation Risk

Section 6: Post-Merger Integration Checklist

Section 7: DPDP Liability Quantification

Section 8: Remediation Recommendations

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Frequently Asked Questions

Why does M&A need DPDP due diligence?+

Acquiring a company means acquiring its DPDP liabilities. Undisclosed data breaches, invalid consent databases, or missing vendor DPAs become the acquirer's problem post-closing.

What DPDP representations should we seek from the target?+

Representations covering: no undisclosed breaches, valid consent for all personal data, DPAs in place with processors, no pending Data Protection Board proceedings.

How long does an M&A DPDP review take?+

A thorough DPDP privacy due diligence review takes 2-4 weeks depending on data volume and complexity. Budget for this in deal timelines.

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