Confidentiality and due diligence.

This topic contains 4 replies, has 5 voices, and was last updated by  Anne Becker 10 months, 2 weeks ago.

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  • #92318

    Silman Ondrej Dia
    Participant

    How do you make sure information doesn’t leak when conducting due diligence especially when gathering for instance cultural qualitative data from the target?

    #92570

    Ang Pek How
    Participant

    Based on my opinion, there is no way to stop the leaking of information permanently. It is just a matter of time that the information will leak. However, a non-disclosure agreement between the Company, the Target Company and any other advisers shall be executed prior to the due diligence exercise. The Company and the Target Company shall restrict the people to be involved in the due diligence exercise be kept to as minimum people as possible. It will be good if only the top management of the Company and the Target Company are involved the due diligence exercise and the assignment are being carried out by an independent third party professional.

    #92955

    Jubran Alshahrani
    Participant

    By having third parties and NDAs along with a secure data room, you should have almost minimal exposure to information leakage. Having the right governance and access rights that mirror it will help mitigate and put responsibility to the individuals that access the information from the data room. Finally, the more entrust from media, the more leakage there will be so managing media is key to reducing exposure risk.

    #94684

    Bianca Stafford
    Participant

    You need to ensure that a few, select number of people are privy to such information and that people sign the relevant Confidentiality and Non-Disclosure Agreements. There needs to be strict procedures in place for the access of this information and the recordal of who accesses such information and when. This can be achieved quite nicely through the use of a secure data room.

    #95625

    Anne Becker
    Participant

    You have to put into place NDAs and a very secure data room. You also have to communicate to the DD team how important it is not to disclose confidential information – maybe some quick training.

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