Five essential questions for a legal software provider

Conference and exhibition season is coming up, when you may be seeing loads of different tech suppliers and legal software providers all trying to sell their wares.

Here are five questions you should ask of any technology supplier. (Please bear in mind that the following points are by no means exhaustive, but should start you off down the path of issues to consider.)

1. What are the contract terms of the legal software?

When you are offered terms by the legal software provider, are they excessively long and filled with legal and technical jargon, like the Apple or Facebook user licence agreements? Long and complex terms of service offered by a supplier are not an indicator of quality. They may also indicate an attempt by the supplier to dissuade the customer from reading and reviewing all of the terms in an attempt to ensnare the customer into an overly restrictive contract.

2. What is the contract length for the legal software?

Does the supplier’s contract amount to a minimum fixed-term deal? In other words, are you locked into using a supplier for two, three, or four years? You might be sure this supplier is perfect for you now, but if your needs change, what happens then? Make sure you know the answer before you sign on the dotted line.

3. How secure is this legal software?

What security measures are in place, such as encryption, or multi-factor identification (“MFID”)? The supplier should be able to confirm the encryption standard, e.g. SSL or AES. They should also confirm whether it is up to a level of 128-bit, 256-bit or higher.

4. Where is your operational and legal data held?

Where is the data held – i.e. where are the servers located, and if located outside the UK/EEA, are the appropriate safeguards in place? You would expect to see safeguards such as Standard Contractual Clauses (“SCCs”), or the supplier may claim to have Binding Corporate Rules (“BCRs”) in place. 

5. Does this legal software ensure regulatory compliance?

Does the platform meet basic regulatory standards as required by the ICO and other applicable regulators, such as the FCA depending on the activities of your clients? Do not make the assumption that just because a platform is used by other organisations that are highly regulated, it will mean that they comply with the requirements of your local regulator or indeed that they display adequate compliance with the ICO

You may be surprised by the lack of compliance demonstrated by many well-known platforms, which often only becomes apparent when you dig a little deeper.