Intangible issues

Intangible issues like security environment that includes security, privacy, trade secrets, intellectual property, etc. cannot be directly measured in terms of cost and quantity. However these issues carry the highest risk factor for any project. We also look at some of the intangible issues that should be studied for risk assessment such as International and Domestic legal issues as well as other hidden issues.

Security Environment: Global offshore delivery includes a growing number of lines of service or application areas. These include applications development, IT infrastructure, contact centers and back-office. Each of these has vastly different requirements and risk exposure in terms of information protection, privacy and security that need to be understood and dealt with differently. There are no standard security solutions because regulations and legislation vary vastly not only between industries and processes but also the US and host country, hence it is necessary to study the security environment of the country that you intend to outsource or offshore.

Intellectual property - Patent law and trade secret: Rights to intellectual property (IP) such as software, copyright, trade secrets, inventions, source and object codes and know-how are a significant concern for U.S. companies or European Countries that contract a project to Asian countries because of fear of theft. Rules dealing with ownership of intellectual property differ from country to country. Some of the commonly known terms and laws may not exist in foreign countries where development work gets done; such as patent law, special vertical law and data protection. Therefore, the contract needs to clarify with ownership of intellectual property in materials generated during an outsourcing engagement.

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