An NDA is often the only way to place a fence around the scope of a software audit. Many software vendors and their recruited reviewers may refuse to consider full pre-audit agreements. However, most of them will generally agree to negotiate NDAs to control the handling of audit data. A controlled entity must seize this opportunity by ensuring that the data to be disclosed is relevant to the type of questions that the statutory auditor may ask. A number of important points must be considered: the auditor will sign a confidentiality agreement and will disclose only IBM and payable for the period under review. Many companies make far too little effort to reach appropriate privacy agreements during software audits. Some companies even completely neglect NNAs during the audit process, believing that they do not have the leverage to demand appropriate safeguards for the information that auditors will ask for. It`s a mistake that can cost a company millions. The NDAs offered by auditors often contain no restrictions on the confidential information they are allowed to disclose to their customers, software vendors. Controlled companies must ensure that audit information submitted for reporting is defined in the NDA in a manner consistent with the terms of the control licensing agreements. Christopher represents clients in a wide range of business, intellectual property and IT rights, with issues related to trademark registration and application, software and licensing litigation, and mergers, divestitures and service transactions. Christopher`s practice is the focus of attention on the interests of media and technology companies and for disputes with new media, particularly fast-changing content on the Internet.
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