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The policy states that personal information may be shared or transferred to third parties during merger, acquisition, financing, dissolution, bankruptcy, or receivership proceedings, and that an acquiring company will assume OpenSea's privacy rights and obligations.
This analysis describes what OpenSea'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 authorizes disclosure of personal information during corporate transaction negotiations as well as full transfer in the event of acquisition or insolvency. The policy asserts that an acquiring entity assumes the rights and obligations of the current privacy policy, though regulatory frameworks may impose additional requirements on such transfers depending on jurisdiction.
Interpretive note: The scope of data shared during transaction negotiations versus upon completion is not specified, and the enforceability of the acquiring company's assumption of privacy obligations depends on applicable law and transaction terms.
Under this clause, personal information may be shared with prospective acquirers during deal negotiations and transferred to an acquiring entity upon completion. The agreement states the acquiring company will be bound by this Privacy Policy, though the practical enforceability of this assertion depends on applicable law and the terms of any acquisition.
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"we may share some or all of your information and information about you in connection with or during negotiation of any merger, financing, acquisition, or dissolution transaction or proceeding involving a sale, transfer, or divestiture of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your information and information about you may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the information collected by us and will assume the rights and obligations regarding your information and information about you as described in this Privacy Policy.Excerpt from OpenSea's Privacy Policy
(1) REGULATORY LANDSCAPE: This provision engages GDPR Articles 13 and 14 (transparency about data recipients), CCPA disclosure requirements, and applicable insolvency law. GDPR requires that data subjects be informed of new controllers following a transfer. The FTC has addressed privacy representations in corporate transactions in prior enforcement actions. (2) GOVERNANCE EXPOSURE: Medium. The authorization to share data during transaction negotiations is broadly stated and does not specify what data is shared, with whom, or under what confidentiality or data processing protections, which may require evaluation under GDPR. (3) JURISDICTION FLAGS: EEA and UK users have heightened exposure, as GDPR requires controller-to-controller transfers to have an appropriate legal basis and transparency. In insolvency scenarios, the treatment of personal data as a business asset may interact with GDPR requirements. California users under CCPA have disclosure rights regarding new controllers upon acquisition. (4) CONTRACT AND VENDOR IMPLICATIONS: Institutional users should assess whether their data may be accessible to prospective acquirers during due diligence, and whether confidentiality protections are specified in OpenSea's transaction procedures. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the policy's treatment of data as transferable in insolvency proceedings is consistent with GDPR requirements for controller succession, and whether user notification obligations arise upon completion of a qualifying transaction.
This provision authorizes disclosure of personal information during corporate transaction negotiations as well as full transfer in the event of acquisition or insolvency. The policy asserts that an acquiring entity assumes the rights and obligations of the current privacy policy, though regulatory frameworks may impose additional requirements on such transfers depending on jurisdiction.
Under this clause, personal information may be shared with prospective acquirers during deal negotiations and transferred to an acquiring entity upon completion. The agreement states the acquiring company will be bound by this Privacy Policy, though the practical enforceability of this assertion depends on applicable law and the terms of any acquisition.
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