Brainstorming Group – Overview
Working Group 11 on Data Security and Privacy Liability (WG11) is forming a new brainstorming group tasked with evaluating the legal and privacy considerations regarding the onward transfer of consumer Personally Identifiable Information (PII) during mergers and acquisitions (M&A) and bankruptcy proceedings.
In conducting this analysis, the brainstorming group will be asked to review WG11’s Commentary on Data Privacy and Security Issues in Mergers & Acquisitions Practice (“Commentary”), published in 2019.The Commentary provides practical guidance for addressing privacy and data security concerns across the deal lifecycle, focusing primarily on pre- and post-closing diligence and integration practices. Given the evolving privacy norms and increasing scrutiny around consumer data use in distressed asset sales in recent years, renewed attention on the Commentary and its subject matter is warranted.
The brainstorming group should:
- Evaluate whether the current guidance adequately addresses the forward-looking treatment of consumer PII when ownership or control of that data changes hands.
- Examine how contractual, regulatory, and policy constraints (such as restrictive privacy notices or consent requirements) affect data portability during business combinations or insolvency.
- Identify relevant case law and best practices emerging since 2019.
- Assess and provide recommendations as to whether an update or expansion of the Commentary is merited, and/or if a new, standalone publication is warranted.
Brainstorming Group - Member Expectations
Brainstorming group members will be expected to actively participate in regularly scheduled teleconferences to brainstorm on work product ideas. Members will also be expected to participate in the drafting of a detailed outline that allows a subsequent drafting team to prepare work product consistent with standards of The Sedona Conference.
Brainstorming Group - Selection
In order to apply for the brainstorming group, you must be a member of WG11. If you are interested in applying for the brainstorming group, but are not yet a member of WG11, please become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups, including WG11. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910.
In order to be considered for the brainstorming group, please complete the application found here and submit it no later than COB EDT on Friday, July 11, 2025.