We have had many clients receive requests from a software vendor or vendor representative (e.g., BSA / The Software Alliance) to audit their computer systems to determine the scope of use of one or more software products/programs. Many software licenses and agreements provide for such audits by the vendor or vendor representative. Below are 8 things to do if you get such a software audit request:
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Do NOT delete anything.
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Ask for proof of authority to conduct the audit (including if applicable a representative’s authority to represent the vendor).
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Determine if the software in question has been/is being used, and scope of such use.
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Identify relevant users/employees that have had involvement.
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Collect proof of relevant licenses/agreements.
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Do NOT provide any requested information to the auditor before you are sure of the answers (i.e., don’t speculate).
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Do NOT let the vendor conduct the audit. You should do the work yourself, or hire your own IT consultant, and provide the information to the auditor as needed.
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Consult with an experienced attorney as needed (and sooner rather than later).
Unfortunately, software audits are a fact of life in the tech world, but they do not have to be burdensome or time-consuming if done properly and with the help of knowledgeable professionals. A little planning and counseling can really help to minimize the time and effort you will spend responding to such a request.