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http://www.techinsurance.com/blog/consultant-liability/end-of-windows-server-2003-support-and-your-eo-risks/End of Windows Server 2003 Support & Your Associated E&O Risks

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Support for Windows Server 2003 is set to expire on July 14, 2015. Now is the time for IT professionals to remember they can be liable if their clients are using old, outdated technology that is vulnerable to security risks.

As TechRepublic reports, running this outdated software could be costly. A data breach resulting from unpatched or unsupported software could leave you with thousands in legal bills – which means IT professionals may need to:

  • Be ready for upgrades.
  • Convince their clients to open their wallets for new technology.

Microsoft has the official details about migrating from Windows Server 2003, but we'll focus on the business side of things and your professional liabilities.

How to Convince Clients It's Time to Upgrade

In April, we covered this looming deadline and warned that 61 percent of businesses were still using Windows Server 2003. Some businesses have since made the switch (or are prepared to do so), but many more still lag behind. The sizable number of companies still using this outdated server raises the question: what should you tell your clients to convince them to make the switch?

Clients may be hesitant to upgrade to new software because it takes time and money – but none of those costs compare with the expense that comes with security incidents and data breaches. Here are three points to persuade your clients:

  • If your client's data is compromised because of obsolete software, this may come back to haunt them. In a lawsuit, a plaintiff can point to the use of outdated IT, like Windows 2003, as evidence that the company was negligent in its duties.
  • Your clients will have to pay for upgrades sooner or later, so they might as well update now to avoid any security gaps.
  • Upgrading now gives you time to ensure that your clients don't run into any compatibility problems.

Predictably, dollars and cents will stick with your clients the most – emphasize the cost of lawsuits, the problems of outages, and the threat of expensive data breaches. This cost can help you sway them to invest in upgrades.

Your Professional Liability Risks When Working with Old Software

So you know you can be sued if your client's security is compromised when the software you service or install becomes obsolete. But what can you do about this lawsuit risk?

  • Use the techniques we discussed above to convince reluctant clients to upgrade.
  • Invest in Professional Liability Insurance (aka E&O Insurance), which can step in when a client sues you over a data breach.
  • Warn clients about the risk of using old software and document this communication. You'll want to have a record of this warning in case problems crop up.

Taking these steps will help you cover your bases. It's your job to protect clients even if they're being a bit stubborn about upgrades. If clients put off upgrades, you'll want the peace of mind of knowing that you've got IT E&O Insurance and actively alerted your clients to the risks they face.

 
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