What can I do about this clause?

{'method': 'WEB_FORM', 'recipient': 'https://privacy.fanduel.com/privacy', 'difficulty': 'MODERATE', 'action_type': 'DELETE_DATA', 'instructions': "If you are concerned about data transfer in a potential acquisition or bankruptcy, submit a data deletion request at privacy.fanduel.com/privacy to remove your personal information from FanDuel's systems.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority to review and challenge transfers of consumer personal data as assets in mergers, acquisitions, and bankruptcy proceedings under FTC Act Section 5.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Data Sharing in Merger or Acquisition clause as medium severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Data Sharing in Merger or Acquisition — FanDuel

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What it is

If FanDuel is sold, merges with another company, or goes bankrupt, your personal information may be transferred to the new owners or creditors without your consent.

Consumer impact (what this means for users)

All of your personal data held by FanDuel, including financial details and government ID documents, may be transferred to a new company if FanDuel is acquired or becomes insolvent, and you have no opt-out right in this scenario.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Delete Your Data

If you are concerned about data transfer in a potential acquisition or bankruptcy, submit a data deletion request at privacy.fanduel.com/privacy to remove your personal information from FanDuel's systems.

Cross-platform context

See how other platforms handle Data Sharing in Merger or Acquisition and similar clauses.

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Why it matters (compliance & risk perspective)

In a bankruptcy or acquisition scenario, your most sensitive data — including government IDs, financial information, and location history — could be transferred to an unknown entity that may operate under very different privacy practices.

View original clause language

In the event that FanDuel is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, or other change of control, there may be a disclosure of your personal information to another entity related to such event.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Transfer of personal data in M&A transactions implicates FTC Act Section 5 (FTC has challenged post-acquisition privacy practice changes, e.g., FTC v. Facebook/WhatsApp), CCPA/CPRA §1798.100 (new entity must honor existing privacy commitments or obtain new consent), and GDPR Articles 13-14 (notice obligations upon data controller change). Bankruptcy-related transfers implicate 11 U.S.C. §363 and FTC's established review of consumer data as an asset in bankruptcy proceedings (In re RadioShack, 2015). The FTC is the primary federal enforcement authority.

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Applicable agencies

FTC

The FTC has authority to review and challenge transfers of consumer personal data as assets in mergers, acquisitions, and bankruptcy proceedings under FTC Act Section 5.
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Provision details

Document information

Document

FanDuel Privacy Policy

Entity

FanDuel

Document last updated

April 29, 2026

Tracking information

First tracked

April 18, 2026

Last verified

April 18, 2026

Record ID

CA-P-003088

Document ID

CA-D-00351

Evidence Provenance

Source URL

https://www.fanduel.com/privacy

Wayback Machine

View archived versions →

SHA-256

7288d892d405c6e4e2ff3edcab320a3a60995c74e41738fc591ef3a1e522c359

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: FanDuel | Document: FanDuel Privacy Policy | Record: CA-P-003088
Captured: 2026-04-18 12:24:39 UTC | SHA-256: 7288d892d405c6e4…
URL: https://conductatlas.com/platform/fanduel/fanduel-privacy-policy/data-sharing-in-merger-or-acquisition/
Accessed: May 2, 2026

Classification

Severity

Medium

Data Sharing in Merger or Acquisition