We explore the key changes digital transformation is causing in the dispute resolution landscape
Digital transformation is causing the dispute resolution landscape to change and evolve rapidly. Our tech disputes experts explore the key changes and the effect that these are having on the way in which we can minimise exposure and navigate the new environment to successfully resolve disputes.
EPISODE 3: Software audit disputes and data licensing disputes
In episode 3 of our Tech Disputes podcast series Revolution or evolution?, we take a look at software audit disputes and data licensing disputes. Compliance with software and data licences, which can be at times vague and/or onerous, has long been a problem for legal and compliance departments, and as more and more companies engage in digital transformation, the reliance on third party software and data services is growing across all sectors.
This is leading to substantial risk of non-compliance for customers, which will come to light when the vendor exercises its contractual rights to audit licence compliance. Remediating shortfalls can often attract multimillion £ fees and the negotiations between vendors and customers can become fraught and potentially litigious in their own right.
This episode explores the way in which these disputes can unfold, and the different approaches and levers each side can look to employ in a contentious audit situation. It also looks at the practical steps customers can take in order to avoid over deployment risks in the first place, both at the contracting stage, and during the contract life cycle.
Speakers: Andrew Moir, Heather Newton and Peter Dalton
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© Herbert Smith Freehills 2021