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Self-assessment

We have prepared the following self-assessment tests to help you to quickly assess and identify your organization’s strengths and weaknesses.

These tests are merely a basic assessment tool and the conclusions of the tests do not take into account the complexity and details of the relationships established by your organization. Under no circumstances should the results be regarded as advice.

Should you have any questions or require further information, please do not hesitate to contact us.

ELZABURU assists clients of all kinds, from big corporations to SMEs, working with them and accompanying them on their journey of national and international expansion.

Evaluation test on business secret

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Evaluation test on business secret

1 / 10

Is there an access control and authorizations system in place in relation to sensitive technical and commercial information?

2 / 10

Do workers sign clauses regarding confidentiality and transfer of IP rights to the company?

3 / 10

Is there a system of entry and exit interviews of workers documenting the projects in which they have participated and the knowledge they have generated/acquired?

4 / 10

Are confidentiality agreements signed with potential clients, suppliers and partners before exchanging sensitive information?

5 / 10

Are there protocols in place for identifying, classifying and protecting trade secrets?

6 / 10

Are technological means used to maintain the secrecy of sensitive and strategic information?

7 / 10

Have workers been trained on trade secrets, so that they are aware and act accordingly?

8 / 10

Have workers been trained on cybersecurity, so that they are aware and act accordingly?

9 / 10

Is there prior control regarding publications made about the organization, ongoing projects, results obtained, etc.?

10 / 10

Is there a clean desk policy?

Your score is

The average score is 54%

0%

Have you done your homework with regard to technology due diligence?

16

Have you done your homework with regard to technology due diligence?

An investor is interested in your project, but before deciding to invest, they point to the need to carry out a process of due diligence with regard to technology. Could your organization successfully pass that process? Here is a small list of questions to which the answer should be YESin all those cases where the situation applies to your company. This would be a good starting point to have a chance of successfully undergoing a due diligence process. 

If your answer is NO, please do not hesitate to contact us as we can provide you with guidance on addressing these issues, which will undoubtedly help to enhance your capacity to respond to such a request and increase the chances of success in the event that investors are interested in your project.

1 / 8

Is the chain of title over the technology fully defined and documented?

2 / 8

Is the technology protected by some form of industrial and intellectual property rights?

3 / 8

If you are licensees of technology and/or if you incorporate third-party rights in your developments, do you have the licenses or authorizations clearly defined and documented?

4 / 8

In the event that within the technology there are developments that incorporate elements subject to free software or Creative Commons licenses, have you identified the licenses and do you comply with the conditions established in the same?

5 / 8

Have you carried out a Freedom to Operate or non-infringement analysis and have you documented the results?

6 / 8

If the technology is subject to any kind of security interest, guarantee or lien, or in the event that you have received a claim for infringement of third-party rights, do you have complete documentation on the prior circumstances, to be able to assess the associated risk?

7 / 8

In the event that you have entered into partnerships with other entities in relation to certain projects related to technology, do you have the contracts readily available? Have you reviewed the conditions established therein regarding the results of the partnership and the pre-existing rights of the parties and their rights in parallel projects?

8 / 8

If you have received public funding, do you have the documentation on the calls for proposals in which you have participated, the projects submitted, the granting decision, and the reports on the funded development?

Your score is

The average score is 31%

0%

What risks are you taking in your dealings with third parties?

In this section we have set out a list of unsafe practices in dealings with third parties. If your organization engages in any of these practices, it is subject to a medium to high level of risk that would be easily avoidable by adopting a basic strategy on agreements.

 

  • You do not sign confidentiality agreements with third parties. What matters is trust and a person’s word is their bond.
  • You are wary of third parties who propose signing confidentiality agreements.
  • You do not sign agreements, only order documents or offers containing nothing more than technical and financial conditions.
  • You sign confidentiality agreements with third parties and you conduct partnerships with third parties under that framework, without formalizing subsequent agreements that refer to the object of the partnership (e.g.: research commission contract, collaboration agreement, minimum viable product development contract, technology transfer contract).
  • You sign model agreements, without reviewing whether the conditions established clearly define the role of the parties and the work to be carried out.
  • You transfer materials to third parties without regulating that supply in any document (e.g.: Material Transfer Agreement).
  • You do not monitor the duration of confidentiality agreements or agreements containing confidentiality provisions, and after they have ended, you do not demand the return or destruction of your confidential information.
  • You sign agreements proposed by third parties without considering (or without negotiating) the applicable law, the method of dispute resolution and the applicable jurisdiction.
  • You believe in the absolute value of penalty clauses.
  • You sign collaboration agreements that contain industrial and intellectual property clauses in which it is established that the ownership and the share of protection and defence costs of the rights in the results obtained will be determined at a later time.
  • You do not keep minutes (or you keep poorly detailed minutes) of the meetings you hold with those third parties with whom you are bound by a contract during the performance of the contract.

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