Things have changed. Gartner reported that by 2022 sixty percent of organizations will consider a target company’s cybersecurity posture as a critical factor in their due diligence process. Acquiring companies have made DSP due diligence a priority because they understand the costly risks of inheriting a target company’s DSP liabilities.
Target companies must proactively address and disclose DSP risks to avoid renegotiation of the purchase price, delay the closing date, or at worst, the acquiring company backing out of the deal. M&A parties often retain sophisticated DSP attorneys to assist in all phases of the deal, including conducting DSP posture analyses, evaluating DSP-specific risks, and guiding the company through the diligence process.
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