
Legal Q&A
Q
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Hello. I am a business owner running a small company. Recently, as managing the company has become difficult, I am considering an M&A. Because this technology greatly affects our sales, I am worried that a technology leakage might occur. Is there a security-maintenance method that can prevent technology leakage during the M&A process? I would be grateful if you could let me know.
Technology leakage
M&A security
SME M&A
Answer
Published:
Author : Kuk Il KIM
I see that you have asked about a security-maintenance method that can prevent technology leakage.
During the M&A process, information for which security is important, such as the company's core technology and trade secrets, is exchanged, so concerns about leakage are inevitably significant.
During the M&A process, a representative method for preventing technology leakage is, first, to conclude a non-disclosure agreement (NDA).
An NDA specifies the scope of what level of information the seller and the buyer will exchange at which stage, and it is an agreement concluded regarding the confidentiality of the information.
You can prepare against technology leakage through specific clauses, such as the scope of information provision, the obligation to destroy information, and liability for damages in the event of a leak.
Such confidentiality provisions are commonly included not only in the NDA (non-disclosure agreement) but also in the LOI (letter of intent), the MOU (memorandum of understanding), and the SPA (share purchase agreement).
In addition, using a data room can further strengthen information security.
It has the advantage that you can restrict access rights or control access to files through encryption.
By using these measures, you can minimize the risk of technology leakage while proceeding with the M&A.
To prevent legal risks, I recommend that you prepare after receiving legal advice from an M&A attorney.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

KeJun SON
T. 070-5117-3709
Career as Fair Trade Commission Official / Partner Attorney at Lee & Ko · Attorney Specializing in Fair Trade/M&A/Corporate Legal Affairs/Finance

InTae BANG
T. 070-7510-1822
Experience as In-house Counsel at Hyundai Rotem and S-1 · Attorney Specializing in Corporate/Labor/Industrial Accidents
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