Outsourcing remains a global growth industry. New technologies and approaches have transformed the way in which services can be delivered with ever better service quality and lower cost, with robotic process automation (RPA) significantly reducing the numbers of supplier personnel required to deliver such projects, and the application of artificial intelligence tools dramatically improving some of the service outputs and outcomes. Now that the world is facing up to the impact of Covid-19 in terms of pressures on cost bases and the realisation that far more roles than previously understood can be effectively undertaken remotely, we can anticipate that there will be a further step change in the use of outsourcing as a core business strategy.
This book is the fully updated second edition of the key text on outsourcing written by the market-leading global technology and sourcing team at DLA Piper, one of the world's largest law firms. Writing from both a legal and commercial perspective, it considers the complete lifecycle of an outsourcing contract and the variety of legal and contractual issues that can arise in connection with such a project, from the initial genesis of the proposal to outsource all the way through the procurement process and onto post-contract signature contract management. In so doing, it also breaks down the core outsourcing contract into its constituent parts, explains the rationale for the relevant provisions (from both a customer and service provider perspective), and provides guidance as to current market practice, options and trends, including individual nuances relevant to particular jurisdictions.
The second edition also features new coverage of:
*The use of cloud 'backbones';
*New technologies such as RPA/artificial intelligence;
*Digital transformation;
*Data privacy; and
*Outsourcing in heavily regulated sectors.
Whether you are a user of outsourced services, an adviser on outsourcing projects or working with a service provider engaged in the provision of the outsourced services itself, this publication will provide you with an end-to-end guide to the outsourcing contracting process and the detailed terms to be considered and carefully negotiated.
Part 1: Preparing to outsource
Introduction 7
Kit Burden
DLA Piper
State of the outsourcing market 11
Kit Burden
DLA Piper
Overview of the procurement, negotiation and delivery process 21
Kit Burden
DLA Piper
Part 2: Practical guidance and risks
Role of the client 47
Conor McEneaney
Mark Rasdale
DLA Piper
Overcoming practical perils and pitfalls 69
Paul Allen
DLA Piper
Multi-jurisdictional deals 85
Vinny Sanchez
DLA Piper
Service integration and management/multi-vendor projects 97
Gareth Stokes
DLA Piper
Different types of outsourced services 117
Mark Rasdale
DLA Piper
Part 3: Key provisions and issues
Due diligence and transition 131
Sami Rintala
DLA Piper
Services and service levels 145
Kristof De Vulder
DLA Piper
Charges and charging models 183
Kit Burden
Joris Willems
DLA Piper
Warranties and delivery commitments 199
Anne Friedman
DLA Piper
Confidentiality, intellectual property and data 221
John McKinlay
DLA Piper
Liability and indemnities 243
Nicholas Boyle
Clare Gregory
DLA Piper
Human resources and Acquired Rights Directive/Transfer of Undertakings (Protection of Employment) 259
Kai Bodenstedt
Clare Gregory
DLA Piper
Termination and step-in rights 275
Chloe Forster
DLA Piper
Assets and third-party contracts 299
Gregory Manter
DLA Piper
Governance, vendor management and dispute resolution 321
Simon Kenyon
DLA Piper
Renegotiations, retenders and termination assistance 339
Jeanne Dauzier
Jonathan Rofe
DLA Piper
Part 4: Miscellaneous issues
Artificial intelligence in outsourcing 355
Nicholas Boyle
Gareth Stokes
DLA Piper
Data protection 387
Rachel de Souza
Ross McKean
Scott Thiel
DLA Piper
Regulated outsourcing 403
Duncan Pithouse
Jan Pohle
DLA Piper
Part 5: Regional views
Australia 413
Nicholas Boyle
DLA Piper
Belgium 417
Kristof De Vulder
Raf Schoefs
DLA Piper
China 423
Scott Thiel
DLA Piper
France 427
Jeanne Dauzier
Jonathan Rofe
DLA Piper
Germany 431
Jan Pohle
DLA Piper
Italy 439
Alessandro Ferrari
Filippo Grondona
Giacomo Lusardi
DLA Piper
Netherlands 443
Joris Willems
DLA Piper
United Arab Emirates/Middle East 447
Paul Allen
DLA Piper
United Kingdom 453
Kit Burden
DLA Piper
United States 457
Gregory Manter
DLA Piper
About the authors 461
About Globe Law and Business 471
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