Navigate Open Source Risk in M&A

Thorough technical due diligence to identify all open source software risk is essential for a smooth and successful transaction.

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The Impact of Technical Due Diligence on Tech M&A

Third-party and Open Source Software (OSS) plays a crucial role in software development. However, with the increasing reliance on OSS comes significant risks, particularly in M&A transactions. These risks include intellectual property protection, security vulnerabilities, and the challenge of ensuring compliance with open source and third-party licenses. Thorough technical due diligence is essential for identifying and mitigating these risks effectively, ensuring a smooth and successful M&A process. 

Understanding Open Source Risks

Open source software is ubiquitous in modern software development, with more than 96% of codebases containing open source components. However, these components often come with complex licensing obligations and potential security vulnerabilities. Thorough Open Source Audits, conducted through an established third party for technical due diligence, are crucial for identifying and mitigating these risks effectively. By conducting a comprehensive analysis of the target company’s codebase, companies can identify potential security vulnerabilities and ensure compliance with open source and third-party licenses, minimizing the risk of legal issues and security breaches. 

Key Aspects of Open Source Audits in Tech Due Diligence

When conducting technical due diligence, it’s crucial to consider the following aspects of Open Source Audits:

1
Consider a Blind Audit Technique
  • Blind Audits ensure code confidentiality by never accessing or transferring source code.
  • Instead of accessing the source code directly, Blind Audits scan cryptographic hashes, ensuring the highest level of security and privacy for M&A transactions.
2
Use Precise Snippet Detection
  • Advanced snippet detection technology ensures the identification of all open source components within the target company’s codebase.
  • Enables a comprehensive understanding of the open source landscape, enabling companies to make informed decisions during M&A transactions.
3
Identify License Compliance Risks
  • By assessing licensing obligations and risks associated with open source components, companies can ensure compliance with open source licenses and legal obligations.
  • This helps mitigate the risk of legal issues and ensures a smooth transition during M&A transactions.
4
Identify Security Risks
  • The open source audit focuses on detecting security vulnerabilities associated with open source components.
  • This comprehensive evaluation helps companies effectively mitigate security risks, ensuring a secure codebase.

Prioritize Open Source License Adherence

Thorough technical due diligence is essential for identifying and mitigating risks associated with open source software. Ensuring open source license adherence is paramount for companies involved in these transactions. 

With FossID’s Open Source Audit, you gain valuable insights into the risks associated with open source software, empowering you to make informed decisions and effectively manage potential risks. Leveraging Blind Audit technology, FossID ensures code confidentiality by never accessing or transferring source code. Instead of accessing the source code directly, Blind Audits scan one-way hashes, ensuring the highest level of security and privacy for M&A transactions. 

Through comprehensive analysis and detailed reports, FossID helps companies navigate the complexities of open source licensing, ensuring compliance and mitigating potential legal and security issues. This comprehensive solution provides the confidence needed to navigate M&A transactions smoothly and securely.

Key Takeaways

While each and every M&A transaction is unique, the need to fully understand the risks associated with acquired software is constant. A comprehensive yet efficient open source audit is necessary to avoid any post-close surprises that pose legal, financial, security and operational risks. Look for a third-party audit team that has the technology to scan the entire codebase, has seasoned experts to conduct the audit, and employs a blind audit technique to promise a fast and efficient turnaround.

The Blind Audit Process

Digital Fingerprints

Digital Fingerprints

Target company uses our utility to hash their code and securely upload to FossID datacenter.

Scan Audit

Scan & Audit

Codebase’s fingerprints are scanned, audited, and all reports delivered for review.

Report

Report Walk-Through

Your FossID project leader leads a thorough walk-through of the audit results.

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