Technology: Beware of the seller’s privacy policy when transferring personally identifiable information

The FTC is on the lookout for unfair and deceptive trade practices

There are many legal considerations for counsel to keep in mind when thinking about buying or selling the assets of a business that has an online presence, including subscriber lists, user profiles or other personally identifiable information (PII). Most importantly, counsel must be aware of the seller’s privacy policy, as the Federal Trade Commission (FTC) has strict regulations where PII is involved, including special considerations in cases of bankruptcy.


Contributing Author

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James Kunick

James M. Kunick is Chair of the Intellectual Property & Technology group at Chicago-based law firm Much Shelist. He has nearly two decades of experience...

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