If 23andMe is sold, merges with another company, or goes through bankruptcy, your genetic and personal data may be transferred to the new owner as part of that transaction.
This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision is particularly significant given that 23andMe has publicly reported financial difficulties; it means your most sensitive personal data, your DNA, could be acquired and controlled by an entity you did not originally consent to share it with.
Interpretive note: The document's summary version references account deletion and data discard but the full business transfer clause language was truncated in the provided document; the provision's exact scope is inferred from standard 23andMe policy language and the document context.
The agreement authorizes transfer of genetic information, self-reported health data, and account data to a successor entity in a merger, acquisition, or bankruptcy proceeding, and users have limited ability to prevent this transfer once it occurs, though deletion prior to such a transaction would remove their data from the transferred assets.
How other platforms handle this
to request that your data be transferred to a third party (data portability)
Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.
Further, you may take legal actions in relation to any potential breach of your rights regarding the processing of your Personal Information, as well as to lodge complaints before the competent data prot...
"You can delete your 23andMe account any time. If you do, we will automatically opt you out of Research and discard your sample. Keep in mind this process cannot be cancelled or reversed.Excerpt from 23andMe's Privacy Statement
REGULATORY LANDSCAPE: Business transfer clauses involving genetic data engage GDPR Article 6 lawful basis requirements and Article 9 for special category data, as a change of data controller in an acquisition or bankruptcy typically requires …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision is particularly significant given that 23andMe has publicly reported financial difficulties; it means your most sensitive personal data, your DNA, could be acquired and controlled by an entity you did not originally consent to share it with.
The agreement authorizes transfer of genetic information, self-reported health data, and account data to a successor entity in a merger, acquisition, or bankruptcy proceeding, and users have limited ability to prevent this transfer once it occurs, though deletion prior to such a transaction would remove their data from the transferred assets.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by 23andMe.