Outsourcing & Offshoring

Outsourcing and offshoring are important management instruments. This has also been true for medium-sized businesses. The standardization of processes, the scalability of services and their cost advantages are important drivers. We can help you with expert advice to achieve your long-term outsourcing or offshoring transaction goals.

IT outsourcing / cloud services

Classical IT outsourcing continues to evolve. Structures are getting more flexible. What used to be infrastructure services is becoming part of service packages. We can advise you on the changing contractual models and ensure that "flexible" will not turn into "out of control".

Business Process Outsourcing

Business Process Outsorcing (BPO) is becoming increasingly important, as the combination of near- and offshore solutions is still able to produce significant cost advantages. This is particularly true in the areas of payroll services and finance & accounting. But its implementation requires considerable effort. A well-planned transition project with comprehensive knowledge transfer is a key element and condition for a successful project. We can tell you what else it depends on.

Nearshoring und offshoring

The use of near- or offshore solutions has also become the new normal for medium-sized business. Domestic consulting services and solution providers have integrated offshore resources into their offers. Many offshore providers have set-up their German or European subsidiaries, and now offer a mixture of domestic and offshore services. Nevertheless, contracts for these solutions require a number of specific safeguards and protective provisos to cover currency and inflation risks, insolvency risks, data protection and IT security, international data transfer, labour conditions, knowledge transfer, reversed transactions, etc. We can assist you in negotiating and implementing nearshore and offshore solutions.

Change management and renewals

Your business is ever evolving, and as a consequence, the requirements of your outsourcing relationships will change. We can advise you in change management, and in the renewal of outsourcing agreements. Our knowledge of market and contract standards makes it possible for us to provide you with legal advice on efficient changes and adjustments, even in cases where we were not originally involved in the project. We can help you secure the advantages of outsourcing throughout the contract duration or under changed conditions.

Dispute resolution

Outsourcing arrangements establish complex contractual relationships. It is not always possible to avoid conflicts. Sometimes it is better for both sides to renew the relationship, or to renegotiate selected issues. In rare cases, the parties might end up with a legal dispute. At that point, it is important to analyse the reasons for any difficulties, as well as the mutual rights and obligations that result, from an outside perspective. In the case of dispute, we can help you make and enforce your claims. We can offer our extensive experience from numerous outsourcing projects in which we served as an arbitrator in formal procedures.

 Issues  Project planning ● Contract drafting ● Handling of services providers replaced, licenses, other agreements and infrastructure ● Advice regarding scoping, remuneration and pricing models and service levels, ● Selection of supply and delivery models ● Preparation of contract documentation ● Term Sheet development ● Service Level Agreements ● Confidentiality Agreements ● Preparing the Request for Interest (RFI) and Request for Proposal (RFP) ● Analysis and selection of offers ● Due Diligence support ● Support regarding the Q&A process ● Selection of the negotiation strategy ● Negotiations and document management in single or multiple vendor scenarios ● Data Protection Agreements ● Data-controller-data-processor Agreement ● EU Standards Contractual Clauses ● Support regarding works agreements or collective agreements in the ITC area ● Software license agreements ● Contract management and service audits during implementation phase ● Negotiation and mediation regarding disputes on outsourcing agreements ● Support regarding arbitration proceedings for outsourcing disputes

 

We’ll work with you to get it done

Outsourcing projects are revolutionary in nature, as they always change existing structures. Due to their unique project character, they are usually implemented by the joint efforts of internal subject matter experts and external commercial, IT or legal advisors. We can help from the kick-off meeting until the signing of the agreement. The earlier in the process we get involved, the better and more efficiently we can support you.