Expert Committee on Outsourcing

Detailed Description

Outsourcing plans and projects have featured prominently in the press in recent years, in both the business section and the political pages of daily newspapers. We are all well aware that outsourcing is a highly controversial topic. This applies especially to so-called off-shore projects which lead to jobs being exported out of Germany.

From the viewpoint of a practitioner it is remarkable what is being outsourced nowadays. Apart from traditional computer centre operations, such projects also include – without the following list being in any way exhaustive – client-server landscapes, application development, telecommunications services, wage and salary accounting, personnel administration, production support, distribution support, shopping platforms, complete buying departments, payment transactions, securities processing, claims processing and much more.

The typical contractual documentation of an outsourcing project also increases in logarithmic proportion. Typical issues that are negotiated and addressed today far more diligently than a few years ago include:

  • All issues concerning the transfer of personnel, especially the prerequisites for “succession in function”
  • The correct form of the transaction (share deal vs. asset deal vs. joint venture; universal succession vs. singular succession)
  • Tax structures and consequences for the balance sheet of the outsourcing enterprise
  • Compliance issues in respect of § 25a, Banking Act [KWG], Saban Oxley in international transactions and data privacy issues
  • Good specification of services and its interpretation
  • Intelligent pricing especially where changes t are to be expected o the volumes, quality or substance of services
  • All issues relating to termination
  • Attribution of intellectual property rights

Contact

  • Thomas Heymann
    Rechtsanwalt
    Covington & Burling LLP
    Grünebergweg 16-18 (Westend Carree)
    60322 Frankfurt am Main
    Tel.: +49 (0) 69 / 768063-10
    Fax: +49 (0) 69 / 768063-15
    E-Mail: theymann@cov.com

     

  • Dr. Lars Lensdorf
    Rechtsanwalt
    Covington & Burling LLP
    Grünebergweg 16-18 (Westend Carree)
    60322 Frankfurt am Main
    Tel.: +49 (0) 69 / 768063-30
    Fax: +49 (0) 69 / 768063-15
    E-Mail: llensdorf@cov.com

     

  • Dr. Thomas Thalhofer
    Rechtsanwalt
    Noerr LLP
    Brienner Straße 28
    D 80333 München
    Tel.: +49 (0) 89 / 286280
    Fax: +49 (0) 89 / 280110
    E-Mail: thomas.thalhofer@noerr.com
Deutsche Gesellschaft für Recht und Informatik e.V. (DGRI)