We can provide advice on all legal matters related to outsourcing - from regulatory aspects, assignment of assets to questions on employee relations.
Outsourcing involves a loss of control for the customer. The outsourcing contract must provide protection against such loss of control and at the same time grant the provider the necessary flexibility. This is often a difficult exercise as the agreed price model must also be taken into consideration.
We prepare the outsourcing contract with a focus on the client's business case and we always endeavour to draft a contract that is as operational as possible, so the contract becomes a supportive and actively used tool during the entire outsourcing period.
Our experience in the area points to three essential factors as criteria for the success of outsourcing:
The first point is addressed by entering into a suitably detailed agreement and by the parties, at the time of the conclusion of the agreement, being completely open as to their expectations and what can and will be delivered under the agreement.
The second point about readiness concerns both the client and the provider: Is the client’s organisation ready to receive the service from an external provider with the ensuing limitations? And are the provider’s processes well-documented, well-tested and sufficient for the services to be provided at a satisfactory level?
The third point concerning management of the collaboration also applies to both parties: Have the parties agreed on a suitable and efficient management framework? And are the parties in fact capable of monitoring and managing the scope, finances and quality and of adjusting, regularly and in due time, the services to match the client’s specific needs?
On the basis of our in-depth experience and expertise in outsourcing, we can assist on finding the solutions needed from the commencement of the acquisition or tender process to signing of the final agreement.