2 years ago

IT, Outsourcing & Data Privacy

  • Text
  • Outsourcing
  • Noerr
  • Advising
  • Projects
  • Solutions
  • Supporting
  • Germany
  • Models
  • Contracts
  • Compliance

NOERR_IT, OUTSOURCING & DATA PRIVACY IT and business process outsourcing The decision to outsource has far-reaching consequences both for SMEs and large corporations. Outsourcing can have many benefits if handled properly. Pooling competencies, achieving higher output at lower cost and responding faster to changes, to name but a few. To draw the maximum benefit from IT or business processing outsourcing, many obstacles must be overcome. Projects must be planned with an eye to the future and coordinated in detail at all levels. This is the only way to ensure a smooth transition of services to the outsourcing provider. Of course, contract design is crucial in such a project. The outsourcing agreement is the basis of the entire collaboration, and – as people often forget – also the basis for terminating collaboration later on. Our services at a glance: Outsourcing project modules • Advising on the legal framework (e.g. regulatory or data-privacy law) prior to outsourcing • Performing a legal cost-benefit-risk analysis of outsourcing • Drafting state-of-the-art national and multinational outsourcing agreements and assisting with negotiations • Advising on structuring and managing a retained organisation • Renegotiating existing outsourcing agreements • Supporting and providing legal advice for tenders • Providing comprehensive post-contract advice: ongoing support, fine-tuning and adjustment of the outsourcing agreement • Helping reach agreement on second and third generation outsourcing • Assisting with special constellations such as SIAM or multi-vendor sourcing Advising on outsourcing in a crisis • Conducting an outsourcing-specific analysis even in complex situations, including developing and implementing options for legal action • Reviewing the legal relevance of all technical and organisational circumstances and effects in outsourcing • Supporting calls for tender for outsourcing projects • Reversing or winding up failed outsourcing initiatives • Providing advice and comprehensive support for (re)insourcing 10

IT, OUTSOURCING & DATA PRIVACY_NOERR Cloud computing Companies that shift their infrastructure, platform and software to the “cloud” can achieve major savings, especially thanks to requirementsbased scalability and billing. Data security is also greatly enhanced by the cloud providers’ normally high-spec data centres. Standardising services also leads to standardisation of the contractual basis for them; at the same time, service provision is becoming increasingly globalised, as is the related legal framework. Customer acceptance of cloud services requires clear contracts which meet the demands of the relevant markets for legal compliance. Dedicated communicating about proactive legal compliance boosts customer acceptance and thus sales, too. Our services at a glance: • Advising on data-privacy issues and compliance within the framework of national, European and global cloud solutions (including developing data export strategies) • Optimising, negotiating and managing contracts for cloud computing services • Drafting standard cloud computing contracts for service providers • Handling copyright issues and industrial property matters in cloud computing, particularly licensing rights • Resolving conflicts in cloud computing relationships (in and out of court) 11


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