We are a trusted independent third party specialized in the protection and audit of digital assets.

Since 1976, we have enabled thousands of digital creators, businesses and investors secure their innovations by providing solutions to protect their intellectual property, ensure the continuity of their business activity, and mitigate cyber and software risks. 

With secure servers based in Europe, ISO 27001 certification and a unique double expertise in IT and legal, our clients benefit from the highest levels of security and protection for all their sensitive assets.

We protect investments in technology by reducing risk and increasing the certainty of asset ownership

We secure business continuity through our software escrow services, in case of supplier failure

We promote digital assets by facilitating their use, management, and transfer

We foster digital innovation by helping businesses implement good practices and meet industry standards in the protection of their assets

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Who we are

The Vaultinum team are not only experts in legal, but are equally as knowledgeable in all things tech. What’s more, with our diverse and global workforce, our team brings truly international insight and experience in some of the world’s most thriving markets today.

“I had four non-negotiable conditions: a strong company culture, a product that I feel passionate about, a position that challenges me and management that encourages me. Vaultinum fulfils all these points for me."

We work with some of the best names in the industry…

Talk to us today to find out how our expertise can meet your business aspirations

With Vaultinum, benefit from the highest levels of security and protection for all your sensitive assets.

About us: meet the Vaultinum team of IT and IP experts

You’ve heard the old proverb. A chain is only as strong as its weakest link.  Never has this been truer than in the context of cybersecurity.  

Today, with the use of third-party software and systems integration within many organisations, there is often a complex network of chains made of numerous connecting links –with each link posing potential threat to the entire organisation. How to make sure these links are strong? By performing cybersecurity due diligence.

Cybersecurity due diligence is the process of identifying and addressing these potential cyber threats so that they cannot be exploited by cybercriminals. Cybersecurity due diligence is often conducted via a cybersecurity audit that evaluates the IT infrastructure of a business against a specific standard which validates whether the exact needs are met in terms of network security 

Vaultinum's Cybersecurity Due Diligence Solution

Cybersecurity due diligence provides insight into an organisation’s current risk management program, data protection procedures, certifications, and infrastructure protections, to ensure that the organisation will receive results that allow them to address the challenges they could face in the ever-evolving cyber landscape.

All companies, regardless of sector or size, must be cautious around their cybersecurity resilience. Furthermore, when it comes to cybersecurity due diligence, they must ask themselves questions such as:

Is the company ISO/9001, ISO/27001 certified or does it have a SOC-2 attestation? 

Is the client’s data stored, accessed by, or transmitted, outside the country from which it originates? 

How often are the router and firewall passwords changed? 

Such questions around the strength of an organisation’s cybersecurity can be obtained through using a cybersecurity audit. 

Who Should Conduct Cybersecurity Due Diligence?

Cybersecurity due diligence can be carried out by organisations from all sectors, who know that they must put in place the correct processes to protect against cybercrime. Cybersecurity audits allow organisations to improve their cybersecurity awareness, mitigate risks and put in place recommended cybersecurity policies and procedures based on industry standards – all of which will protect them along their growth trajectory. 

On the other side, investors use cybersecurity due diligence as part of overall the due diligence process to better understand the potential threats that a target company could pose through vulnerabilities such as weak encryption algorithm or data breach risks. By performing cybersecurity audits, M&A decision-makers can gain essential insight into a target's cyber resilience and therefore improve their decision making. 

I WANT TO GAIN INSIGHT WITH CYBERSECURITY DUE DILIGENCE

It is more important than ever that organisations get an insight into their level of cyber resilience and take action to implement policies and procedures to mitigate the ever-increasing risk. Failure to do so comes at a great cost including potential financial penalties, reputational damage, loss of data and productivity.  For investors, failure to carry out cybersecurity due diligence and properly audit the cybersecurity resilience of a target can leave them exposed to a range of risks, including diminished revenues, profits, market value and market share.

Conducting cybersecurity due diligence with a cybersecurity audit requires experience and expertise that are best obtained from an independent expert and that can ensure a 360°audit of your cybersecurity landscape.

With this in mind, Vaultinum developed its cybersecurity audit.  

With 45 years of experience, Vaultinum has long been committed to helping businesses carry out cybersecurity due diligence in a way that ensures that: vulnerabilities, risks, and threats that could occur are evaluated in the following areas: 

IDENTIFY AND MITIGATE YOUR CYBERSECURITY RISKS

Vautinum’s cybersecurity audit is accessible on one easy-to-use online platform that offers clients the unique combination of self-assessment, source code scan and pen test to allow for the most in-depth cybersecurity due diligence.

The base audit includes a self-assessment questionnaire which evaluates cybersecurity readiness and organisational resilience in terms of network security against industry benchmarks, giving the client a report with a scorecard and recommendations for improvements. Developed in alignment with international standards and best practices by a team of experts in cybersecurity risk management, the cybersecurity self-assessment delivers accurate scoring and relevant, up-to-date recommendations.

The cybersecurity self-assessment takes approximately 1 hour and 30 minutes to complete and in order to facilitate the process, we recommend having a resident subject matter expert perform the assessment to ensure the most accurate scoring and therefore recommendations.

I WANT TO PERFORM A CYBERSECURITY SELF-ASSESSMENT

Clients can then choose to run a full cybersecurity audit by adding an in-depth source code scan and pen test which unveils the full insight on existing security vulnerabilities in the source code, such as weak encryption algorithm, password leak risks, giving a full cybersecurity due diligence service.

For maximum security, the uploaded source code is immediately encrypted using SHA256 encryption and is then immediately erased from the system once the scan is complete- giving you full peace of mind.

The results of both the self-assessment and source code scan are then reviewed by our cybersecurity due diligence experts, who identify areas of improvement and deliver evaluations and recommendations aimed at optimising the processes and operations of a company.

I WANT TO PERFORM A FULL CYBERSECURITY AUDIT

Vaultinum's cybersecurity due diligence solution helps companies uncover and prevent risks by assessing key areas of cyberthreat

What is cybersecurity due diligence? | Vaultinum

Programmers and software developers may be experts in their scientific domain, but ask any of them, and they will let you know that software development is as much an art as it is a science. After all, when a team of coders creates software, it is nothing short of a creative synergy that emanates from them. So, if software code is an expression of the coder's creativity, how can it be protected?

That's where software copyright comes in. Copyright law protects all artistic expressions, and computer software falls under this purview. That's why it is important for all programmers and developers to have a clear idea of how to protect software using copyright. 

Before understanding how to get software copyrights, it is important to understand what it is in the first place. To put it simply, software copyright refers to the use of national and international copyright laws to protect the developer's source code. Copyright laws differ from country to country, but the essence in most cases remains the same.

Algorithms or the logic behind a software tool are not patentable, so you won't be able to file an application for a patent. But the expression of the idea, i.e., the source code of the program, can come under copyright protection. In general, a programmer automatically gets the copyright of any code they create, and this extends for 70 years in most cases. However, the extent of the copyright remains only in the code; the idea behind it can not come under intellectual property protection.

So, now you know what software copyright is and how it works in most cases. But why should you go through the trouble of protecting your software with copyright?

Why It Is Essential To Protect Copyright In Software

Software is unique in the sense that it can not work without being copied. For a software program to run, it must be copied from any tertiary memory device to the system's primary memory. This itself is an unavoidable act of copying.

However, such copying is not considered a crime as it is essential for the software to function. The problem arises when the software code is copied by a third party that aims to gain from such copying. Not only direct copying but the adaptation of software code into another computer programming language may also fall under copyright infringement. 

To prevent this from happening, software developers and publishers distribute their software under different licenses. Despite that, any computer user knows that software piracy is currently a multi-billion dollar industry. The moment a new software application is created, hundreds of copycats surface, often with similar names and functionalities. 

So, if you intend to protect your software against intellectual property theft, then it is essential that you know how to protect software using copyright.

What Are The Benefits Of Protecting Copyright In Software?

Let's face it: software takes time and resources to develop. So, it is only natural that the creators will want to protect the final product against intellectual property theft. After all, the code that you've written might be the only way to solve a particular problem. In case other developers get unfettered access to it, they can use it in any way without your permission.

 This is where copyright comes in. When you get copyright protection for your software, this means you're in complete control of the code's ownership rights. Other developers cannot use the code without your permission. In this way, you exercise effective control over your creation.

As we've already mentioned before, the moment your code's in the compiler, you're entitled to its copyright. Materializing copyright protection for your software is tantamount to declaring to the world that you're the owner of the code. At this point, no one can get away with unauthorized copying of your code.

If you're filing a lawsuit against another party for copyright infringement, then legal copyright makes it easier to claim damages. Today, given the easy methods for software distribution, claims can be as high as hundreds of thousands of dollars. Winning such claims is made easy with copyright.

In most countries, the law doesn't allow the software to be patentable. In such a case, copyright laws are your only method to protect your software from unlawful use. What's more, copyrighted software can give you better terms in different licensing agreements. These are only some of the benefits that you can get from copyrighting software. At the same time, it's essential to know in what ways your software copyrights can be infringed. That's what we're going to touch upon in the next section.

Methods Of Software Copyright Infringement

Most software is distributed under specific End User License Agreements (EULA). End-user license piracy occurs when end-users violate the terms of this license. This can take many forms, such as using unlicensed software or using more copies of the software than the user is licensed to use.

This form of infringement takes place when PCs are sold with unlicensed software preloaded. Many dealers also buy one legal license but make illegal copies of it for multiple uses.

This is the most common form of software copyright infringement, where a duplicate copy or sham replica of software is sold purporting to be the original software.

4. Pirated Distribution Over the Internet

Nothing new needs to be said about online software piracy, where illegal copies of software are placed on third-party servers. These can be downloaded for free in most cases.

How Can You Protect Your Software Intellectual Property?

So, if there's one thing clear from the above discussion, it's this: software is protected by copyright laws, whereas inventions, even those that use the software, are protected by patents. Of course, the details of such protection vary from country to country, with some regions granting patents for software ideas as well.

 Now, the question arises: if software copyrighting is an automatic process and your source code is your own, then why do you need to worry about copyrighting the software in the first place.

The truth is, the problem is deeper than you'd think at first glance. Today, the most valuable businesses in the world are technology companies. Be it Google, Apple, Microsoft, or Samsung, technology is the end-all be-all of the 21st century. Even traditional businesses are massively reliant on technological solutions for running their day-to-day operations.

And wherever there's technology, there's software. And wherever there is software, there are lawsuits. We don't really pay much attention to these aspects when using technology, but major corporations today are fighting legal battles over the ownership of code. As one business creates software, very soon thereafter, others will emulate the functionality and come out with similar tools. Since ideas can not be patented, the question of rightful ownership arises.

But why is code ownership such a messy concept? Ask any coder, and they will tell you that coding itself is a messy and complicated process. At the same time, it is rarely an isolated process where a single genius comes up with a groundbreaking piece of code. Instead, coding and software development is a collaborative process, where many experts come together to create functional code.

And herein lies the problem. What if a developer working in your organization leaves and joins a competitor and shares some parts of the code they've created while in your employ? This is a direct violation of your intellectual property rights and can have immense financial ramifications.

In another scenario, several competing businesses might be working to find the solution to the same problem. Even more, these businesses can often come up with similar solutions and try to market them. Who, then, gets the benefit of being the prime mover?

This question needs to be settled by an independent third party, who can verify which code was created and deployed first. This might be very tough to establish without the help of timestamp-based records.

 And that's where Vaultinum comes into play.

Think of Vaultinum as the digital equivalent of a photo finish. Just as racers decide who the winner is among close contenders with a photo finish, Vaultinum helps ascertain code ownership.

How does it work? The process is simple: when you create a piece of code, you can register it with Vaultinum through our deposit solution.

A deposit is a solution which is recognized in court that allows software developers, digital innovators and database owners to prove the ownership of their creation and secure their intellectual property rights.

When you upload your source code, Vaultinum timestamps it to prove the existence of this code at this particular point in time. Once your code is registered, you can then rely on the Vaultinum certificate to verify and establish your ownership over the code.

What's more, when you're registering your source code with Vaultinum, we also offer to provide escrow agreements that will increase your chances of securing of deals with clients, through the reassurance of client access in the event of supplier failure.

Software development professionals can have peace of mind knowing that with our services, their creative rights will be protected. At Vaultinum, we work with the best techno-legal professionals to protect your software rights. 

10 minutes. That's all it takes to create an account, upload the files,  and obtain a certificate as proof of your deposit. Talk to us today, you won't regret it.

For any creative artist, protecting their work is a matter of paramount importance. After all, any work of art, be it a literary piece, a musical, or a painting, needs protection from unlawful elements looking to infringe upon the creator's rights.  But what about computer software?

Discover the reasons why you should protect Software IP and the best methods for doing so

Why And How To Protect Software intellectual property?

Why And How To Protect Software Intellectual Property

As we continue to shift further from a traditional brick and mortar economy and closer to virtual realities, companies are faced with new and emerging threats such as software failure, data breaches, privacy disputes, open-source software intellectual property issues, cyber-threats, sustainability, among a myriad other. In this new digital landscape, security and the protection of digital assets takes on a new meaning. Thus, it is more important than ever, whether you are an investor or potential buyer, to know that the company that you are interested in is operating in accordance with best practices and has laid proper foundations for solid growth. 

We have outlined in this article, the 4 main areas- Intellectual Property, Third-Party Software, Technology Performance and Cyber Security- and the key questions to ask when conducting technology due diligence.

The management of IP is a critical component to the growth and success of a company. Moreover, the importance of IP rights in the overall valuation of companies is gaining more global recognition. Intangible IP assets represented only some 17% of market value of S&P 500 companies in 1975, by 2015 had grown to 87% and in a 2019 analysis, industries that make intensive use of IP rights generate around 45% of GDP in the EU (€6,6T).

Key Questions to consider on Intellectual Property

Has the target company acted to protect the IP rights of their software source code by depositing it with a trusted third party or copyright office? 
Software, like works of art or literature, is protected by copyright law.  In order to assert this right, a deposit of the source code and any updates must be made with a trusted third party or copyright office.  A deposit creates proof of ownership of the source code at a point in time. 


 Are IP transfer agreements in place with all consultants and employees that have worked or are working on developing the software?
In some countries, IP transfer may be automatic in employer-employee relationships, but it is not always the case and it is certainly not the case in relation to consultants. This creates potential litigation risk and may, in turn, have financial and reputational impacts on the company.


 Does the company own all rights necessary to make, use, sell, or offer for sale its actual and proposed products?
The use of high risk third-party licenses (copyleft, copyrighted or proprietary) and not having an effective IP management process in place that identifies and manages these licenses and other IP rights creates potential issues that may restrict the freedom to commercialize the end-product.



DISCOVER VAULTINUM'S TECH DUE DILIGENCE SOLUTIONS

Companies rely more and more on third-party software to help run their operations and/or develop their software product. Third-party software can be open-source or commercially licensed, and in both cases there are typically licenses that condition their use. The misuse of, or becoming too dependent on, third-party software can hinder a company’s growth and even threaten its survival.

Key Questions to consider on Thirty-Party Software

Have they entered into escrow agreements that enable them to access the software source code that they rely on for their operations, for example in case of supplier failure or bankruptcy (or failure of servers if it runs in SaaS mode)? 
Dependencies on third-party software means that the company is exposed to the risk of such software becoming obsolete, not maintained, not supported or even decommissioned.  An escrow agreement is essential to continue operations and comply with client obligations. 


 Is the company able to identify all the open-source software that is used within the end-product?
Integrating open-source software into the end-product may limit the company’s ability to commercialize and enjoy the full use of the product due to non-compliance with licensing terms or infringement of IP rights. 


 Do they have a process in place to check for regular updates to open-source software that they use?
Updates may resolve vulnerabilities so that the software continues to function in accordance with expectations and limits the risk to end-users.Failing to update may also restrict a company’s use of their software product depending on the license.


While software is fast becoming the backbone to many businesses, a shockingly large number of software projects still fail to meet company expectations in terms of performance, scalability, maintainability, cost, or delivery schedule.  There are several factors at play and each one has varying levels of impact on the successful delivery, performance and reputation of the software product.

Key Questions to consider on Technology Performance:

Was there proper knowledge transfer carried out by developers who participated in the initial stages of the product development?  
Knowledge transfer management needs to occur during the entire software development and use life-cycle.  Not having access to the initial stages of development can have negative effects on the maintainability and scalability of the end-product.


 Is the technology infrastructure currently ready to scale without any further development in case of rapid growth of the client base?
Not having a technology infrastructure ready to scale in the event of rapid growth may generate critical system failures or functionality issues leading to financial loss and reputational damage.


Are there any organizational aspects of the development team that may have a direct impact on its overall capability to deliver successfully?
A well-organized, smooth-functioning development team is critical to the success of the product.  A few key elements to bear in mind are the location and distribution of the team (not being dispersed across too many times zones or offices) and regular reporting to management (to ensure strategies are aligned).

The global cost of cybercrime in 2020 reached $945 billion, and is expected to grow by 15% annually, reaching $10.5 trillion per year by 2025. Every day new technical and security breaches are discovered.  Every business change can create unintended vulnerabilities.  Every new employee, consultant or contractor is a new risk that needs to be managed. A hacker only needs to be successful once, while a company’s security measures must be successful 100% of the time -  in an ever-changing threat landscape.  Thus, the importance of having a solid cyber risk management program cannot be underestimated.  

Key Questions to consider on Cyber Security:

 Is client data stored at, accessed by, or transmitted   through, an offshore environment (in a country different to that in which   they receive client data)?
Data privacy regulations and mandatory breach disclosure laws vary widely across the globe, making it of prime importance for businesses,  articularly multinationals, to conduct the requisite legal due diligence across markets to ensure their compliance. Moreover, international communication isn't necessarily safe and poses greater risk.


 Does the company utilize encryption to protect data?     
Encryption makes data unusable and illegible to any party who does not possess the decryption key. Encryption is a way to ensure that even if a data breach occurs and data is subsequently stolen or copied, the potential of it being usable is much lower.  Breaking encryption is very difficult, which makes it one of the best security measures to protect data.


Are there complete records, which are kept and maintained, regarding all company  devices including computers, tablets, mobiles, laptops, etc.? 
Proper documentation allows an organization to keep track of all company devices.  It is an important risk mitigation measure as it helps to prevent loss and allows for a rapid response in the event of an incident, such as remotely disabling lost or stolen devices.  A device that is unaccounted for presents a security risk as it can potentially be hacked, opening the door to an attack on the organization’s systems and networks. 



DOWNLOAD OUR TECH DUE DILIGENCE CHECKLIST

Tech due diligence is no doubt one of the essential aspects of any modern business transaction and knowing which elements to consider before taking the next step is crucial. However, it requires expertise, experience, and insights that are best obtained from an independent third-party. 

Unlike traditional approaches to tech due diligence, Vaultinum offers an online software due diligence tool, Know Your Software.  Through an in-depth source code scan, reviewed by an IT expert, the solution analyses Intellectual Property, Cyber Security, Scalability and Third-Party risks.  The results are shared in a detailed report, which includes scoring, recommendations and fixes. 

With 40 years’ experience in IT and Legal, each step of Vaultinum’s Know Your Software solution was designed in collaboration with leading experts in the fields of Cybersecurity, Intellectual Property, Software development and Compliance, to provide users with a comprehensive, trusted, risk analysis. 

Enter your investments with confidence, with the assurance of Vaultinum’s technology due diligence solutions that have been custom-built for today’s digital world.

It is more important than ever, whether you are an investor or potential buyer, to know that the company that you are interested in is operating in accordance with best practices and has laid proper foundations for solid growth. In this post, we have outlined the 4 main areas- Intellectual Property, Third-Party Software, Technology Performance and Cyber Security- and the key questions within each to ask when conducting technology due diligence.

Ready to invest? You don't want to miss these key questions when performing your technology due diligence.

Tech due diligence checklist | Vaultinum

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