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Preparing your company for a financing round: A privacy action plan

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Contributors:

Jacqueline Klosek

Senior Counsel

Goodwin Procter llp

Omer Tene

Westin Emeritus Fellow, IAPP; Partner

Goodwin Procter

Federica De Santis

CIPP/US

Associate

Goodwin Procter LLP

Reema Moussa

Associate

Goodwin Proctor

Editor's note: The IAPP is policy neutral. We publish contributed opinion and analysis pieces to enable our members to hear a broad spectrum of views in our domains.

As privacy and cybersecurity risks become more material to business operations, investors are no longer viewing data protection as a peripheral concern — they're treating it as a core indicator of a company's readiness to scale.

For companies preparing to raise capital, how personal data is managed, secured and governed has become a critical factor in the investment calculus. Robust data practices can directly impact valuation, negotiation leverage and overall deal certainty. This is particularly true for companies in data-intensive industries, such as direct to consumer businesses, software as a service vendors, the burgeoning artificial intelligence space, and regulated entities in the financial or health care sectors.

In today's regulatory environment, where enforcement actions and class-action lawsuits are on the rise, weak data governance can invite serious consequences — regulatory penalties, reputational damage, operational disruptions and a stalled deal process.

On the flip side, companies that demonstrate strong data protection and compliance practices can stand out in a competitive fundraising landscape. They not only reduce friction during due diligence but also signal to investors that they are built for sustainable growth and resilient operations.

There are five key actions every leadership team should consider taking to strengthen their data protection posture ahead of a financing round.

Conduct a data protection audit and remediate compliance gaps

Investors increasingly view privacy compliance as a threshold issue — an early litmus test for a company's operational maturity and risk posture. During diligence, companies are expected to clearly articulate what data they collect, how it's used and shared, and how they comply with evolving privacy laws.

Contributors:

Jacqueline Klosek

Senior Counsel

Goodwin Procter llp

Omer Tene

Westin Emeritus Fellow, IAPP; Partner

Goodwin Procter

Federica De Santis

CIPP/US

Associate

Goodwin Procter LLP

Reema Moussa

Associate

Goodwin Proctor

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