FAQ: Legal department licensing solution partner
Reselling perpetual software licenses in the EU is legal under CJEU rules. This model is fully compliant, risk-free for partners, requires no initial customer data, and ensures GDPR-level protection. Partners simply introduce opportunities while Forscope handles evaluation, legal validation, and payment – helping customers unlock value from unused licenses.
Table of contents
1. Is it legal to resell software licenses in the EU?
Yes. The resale of perpetual software licenses is legal under EU law based on the principle of exhaustion of distribution rights (CJEU ruling C-128/11).
This applies if:
the license was legally acquired
it is perpetual (not subscription-based)
it was first placed on the market in the EU/EEA or other countries where the exhaustion of distribution rights applies
it is no longer used by the original owner
2. Does this activity conflict with Microsoft policies or partner agreements?
No.
This model:
does not involve resale of Microsoft subscriptions (e.g. M365)
does not interfere with active licensing agreements
only concerns unused, perpetual licenses owned by the end customer
From Microsoft’s perspective, this is a customer asset decision, not a partner licensing activity.
3. Is the partner exposed to any compliance or legal risk?
No.
The partner acts only as an introducer and:
is not part of the transaction
does not transfer licenses
does not handle legal ownership
All contractual and legal responsibility lies between Forscope and the end customer.
4. What kind of customer data needs to be shared?
None at the initial stage.
Early discussions are based on:
anonymized data
general license information (type, version, volume)
Customer-identifiable information is shared only after consent and engagement.
5. How is sensitive or confidential customer data protected?
Forscope follows strict data protection standards:
GDPR compliance
ISO 9001 and ISO/IEC 27001 certifications
NDA available upon request
Data is handled under:
data minimization principles
secure storage and controlled access
purpose limitation (only for evaluation and transaction)
6. Can customer information be shared without their consent?
No.
Customer-identifiable data is only shared after:
partner approval
and/or direct customer consent
Before that, all communication can remain fully anonymized.
7. What exactly is the partner’s role in the process?
The partner:
Identifies potential opportunity
Shares basic (non-sensitive) information
Optionally introduces the customer
Forscope:
handles evaluation
manages legal validation
executes the transaction
8. Does this compete with the partner’s business?
No.
This model is complementary:
customer gains budget - can reinvest into new licenses/services
partner can sell new solutions (e.g. cloud, subscriptions)
unused assets are monetized instead of lost
9. Will Forscope pay for the licenses?
Yes.
Forscope is a financially stable and established company with a strong track record of completed transactions across Europe. The company maintains:
clean accounting and transparent financial reporting
no outstanding debts or payment issues
a consistent history of timely payments to customers