Data rights

Privacy & Customer-Data Transfer

Customer information can support revenue while remaining subject to contractual, platform, privacy and regulatory restrictions on use and transfer.

Buyer lens

Determine what data exists, why it was collected, who controls it and whether the contemplated post-close use is permitted.

Seller lens

Document notices, consent, contracts, incidents and data locations before presenting the database as a transferable asset.

Why it matters

  • Possession of data is not the same as a right to transfer or reuse it.
  • Healthcare, payment, employee and children’s data can require additional controls.
  • A privacy problem can affect both transaction liability and future marketing value.

Evidence to reconcile

  • Data inventory and flow map
  • Privacy notices and consent records
  • Processor/vendor agreements
  • Incident and complaint history
  • Retention and deletion practices