Legal issues related to outsourcing processes
We advise outsourcing companies as well as users of outsourcing services (including “internal outsourcing” within a capital group).
We have significant experience handling legal issues related to outsourcing processes for banks and financial services companies, high tech, payment card companies, and producers of electronics and pharmaceuticals.
Our services include:
- Assistance in HR planning and administration (hiring, firing and delegation of staff, job transfers, payroll, training and development, and maintenance of HR records)
- Proper legal structuring of the outsourcing process (e.g. offer inquiries and selection of contractors)
- Negotiating and drafting of outsourcing agreements for such areas as
- sales and marketing
- customer service and call centre
- accounting and administration, including maintaining accounting books, invoicing, receivables and payables
- clearing of transactions involving payment cards and cheques
- logistics—transport and distribution, warehousing and storage, and order fulfilment
- quality assurance
- Legal safeguards in relations between staff of the outsourcer and the outsourcing company (trade secrets, privileged or confidential information, and personal data)
- Legal safeguards with respect to liability of company authorities for outsourcing of corporate functions and operations
- Legal compliance with respect to use of outsourcing services, where outsourcing is regulated or in the case of outsourcing in a regulated industry
- Comprehensive advice on public aid for outsourcing facilities (including tax incentives and EU funding)
- Tax advisory on such issues as optimising the tax treatment of outsourcing centres, transfer pricing issues, and taxation of outsourcing services.