Computer valuation and appraisal

Computer valuation and appraisal is a necessary activity to be able to objectively value a computer or technological asset. It is extremely important to have a computer expert who is an expert in computer appraisal, given the complexity inherent in the economic valuation of intangibles such as computer systems.

We could simply define these two concepts as the service by which the approximate value of the applications, websites, software, hardware, etc. is expressed in a signed and objective document, not only taking into account the IT asset itself, but also the business it is capable of generating in the next three to five years.

A more complex definition could refer to a series of procedures and techniques, consisting of estimating the economic value of a computer engineering project or its products, be they software, hardware, trademarks, patents, utility models and human resources and / or materials, all using empirical and proven techniques.

The main difference between an appraisal and an valuation is that the valuation does not have a legal value, it does not follow a procedure regulated by law. An assessment differs in the handling of value calculation techniques, which can be objective or subjective, and obtained by more or less expeditious methods. Therefore, a computerized appraisal must be based on widely accepted economic and financial valuation criteria, and the economic amount of said computerized appraisal must be justified and argued based on logic and customs.

The computer appraisal methodology follows four main steps:

  • Valuing the asset: It consists of calculating how much effort it requires or has been required to create your asset. For this, the number of hours and people that your asset needs to be operational is calculated.
  • Assess R&D: It refers to the advantages that your project has over the competition. An analysis of the market, innovation, competitors, the differentiation of your asset, etc. will be carried out.
  • Assess the strategic plan: The projection of your business, balance sheet and income statement for three to five years is studied
  • Carry out the computer appraisal.

We must bear in mind that computer appraisals will always be approximate, never exact, since it is impossible for the computer expert to take into account all the options involved in it, which are countless.

Frequent cases

The most frequent types of orders are:

  • Appraisal of damages caused by malfunction of information systems.
  • Appraisal of damages and losses caused by cybersecurity incidents.
  • Appraisals and valuations of software and hardware assets within the framework of a company valuation.
  • Appraisal of computer equipment and network infrastructure.
  • Appraisal of software components.
  • Appraisal of domains and web pages.
  • Estimation of software construction work and effort.
  • Appraisal of emergent damage and lost profits in an IT project. They refer to economic losses caused by contractual breach.

Considerations

This type of evidence can be contested and therefore, rejected, ruining the entire procedure. To determine whether this type of evidence can display probative value, the forensic analysis of a certified computer expert is essential.
 
Likewise, we must bear in mind that in recent years, the number of works and computer expert opinions that are dismissed in litigation and are not taken into account at the time of sentencing. The reason is none other than a huge increase in the number of computer experts who are not legally authorized to act before the courts, and who therefore incur in the crime of professional intrusion. We can find a clear example in the Judgment of the Superior Court of Justice of Madrid 531/2017, Social Chamber, Section 4, July 19th , 2017, in which it is stated in the first point of the grounds of law, that:

“The appealed ruling is essentially based on the ineffective and invalid expert evidence that has been provided as the only justification for the facts imputed in the letter of dismissal to the plaintiff, for several reasons explained by the Magistrate of Instance in her ruling. The first is because she understands that the expert presented by the company lacks an official degree in computer science, although at this point it is recognized that the expert is the person who provides computer assistance to the company as a freelancer, which implies at least a practical knowledge of what he is hired for. On the other hand, the informal nature of the expert evidence and the questioning of the chain of custody are argued. Special mention is also made of the breach of the guarantees of the plaintiff’s right to privacy at the time of carrying out the inspection and search of the computer equipment, declaring it proven that the plaintiff was not present. In short, the Magistrate of Instance, evaluating this evidence and the testimonies provided at the oral trial concludes that the defects in the practice of the expert evidence carried out by the company prevent granting probative value to this means of proof, and given that it is essential to prove the facts imputed to the plaintiff, declares the dismissal unjustified.”

The computer test must be certified in a computer expert opinion, prepared by a legally qualified computer expert. In our Frequently Asked Questions section you can find more information about it.

Why hire our services?

From FORENSICTECH we provide our clients with the security of having:

  • A computer expert specialized in your case, collegiate and legally authorized to act in the Spanish courts of justice.
  • Appropriate instruments and specialized software to develop your expert report.
  • Legally recognized chain of custody investigation and assurance methods.
  • An effective and efficient work in the requested expert report.
  • A certified computer expert opinion, which greatly increases your credibility and reliability before judicial bodies, as it is endorsed by a professional association.
  • A computer expert capable of facing the ratification in oral proceedings in all jurisdictional orders.
  • Our performance in all the courts of justice throughout Spain in all jurisdictional areas.

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