IT outsourcing: legal challenges and considerations
IT outsourcing is a powerful tool for companies to drive innovation and growth, but it requires careful legal planning and proper agreements. IT outsourcing is a complex and extensive process that requires proper legal guidance. This applies not only to outsourcing your entire IT department to an external IT supplier, but also to more limited outsourcing projects or, for example, the transition to the cloud. We offer the expertise you need to move forward with confidence.
Legal aspects of IT outsourcing contracts
Drafting a thorough IT outsourcing contract is critical. This contract regulates not only the terms of service, but also confidentiality, data protection and security, portability of work, and ownership of software or data generated during the collaboration.
Data protection and confidentiality
IT outsourcing often involves the exchange or storage of sensitive data by the service provider. It is essential to have strict provisions on how this data is managed, stored and protected against unauthorized access or data breaches. On the one hand, this is vital for the continuity of your operations, and on the other hand in light of regulations such as the General Data Protection Regulation (AVG).
IT outsourcing support and advice.
Based on various experiences as lawyers and corporate lawyers, we have developed a practical method to support IT outsourcing projects and other large-scale IT projects (such as ERP implementations). This method covers all phases: from an initial internal inventory of the legal starting point (such as existing contracts, staffing and the legal aspects of the RFI) to the necessary contract management.
If you would like to learn more about our project-based approach to IT outsourcing projects, please refer to our
IT outsourcing flyer.
International considerations
IT-outsourcing gaat vaak over grenzen heen met dienstverleners en datacenters verspreid over de hele wereld. Dit brengt extra juridische overwegingen met zich mee zoals naleving van internationale gegevensbeschermingswetten, buitenlandse bedrijfspraktijken en mogelijke juridische geschillen in verschillende rechtsgebieden. Het is daarom van belang om te werken met juridische adviseurs die niet alleen kennis hebben van IT-recht, maar ook van internationale handel en regelgeving.
