Contracting out all or part of the management and maintenance of your IT systems to a service provider specialising in these matters is known as first-generation outsourcing. If, on termination of the relevant contract, you change over from one service provider to another, this is known as second-generation outsourcing. And if you decide to carry out all the IT management and maintenance yourself after a certain period of time, this is known as insourcing. There are many legal factors involved in outsourcing and insourcing procedures consisting of a takeover phase, a transitional phase and a transformation phase.
Legal factors involved in outsourcing
Outsourcing may involve transfer of employees, transfer of hardware, software licences, data migration and SLAs. Other issues you may encounter include intellectual property rights, benchmarking, liability, guarantees, indemnity, insurance, liquidated damages, an exit scheme and privacy, for instance when transferring personal data outside the EU.
Legal assistance concerning outsourcing
At Ploum, our team of IT experts can advise you on the legal aspects of outsourcing. You need a multidisciplinary approach when tackling complicated outsourcing procedures. In such cases, we collaborate with those of our colleagues specialising in matters such as tendering, transfer of undertaking, corporate law, privacy and competition law. If outsourcing turns out to be a disappointing venture and if you are subsequently confronted with a dispute or an imminent dispute, our experienced IT lawyers will assist you. The lawyers in our IT team are members of various professional associations such as PON (Platform Outsourcing Nederland), and are active members of different working groups at PON.
Would you like to find out more?
If you have any questions on outsourcing, please contact one of our IT lawyers.