Outsourcing: Country Q&A tool

Search the Country Q&A in the Outsourcing Multi-jurisdictional Guide by question and jurisdiction.

Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

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Regulation and requirements

National regulations

1. To what extent does national law specifically regulate outsourcing transactions?
 

Sectoral regulations

2. What additional regulations may be relevant for the following types of outsourcing?
 
3. What further legal or regulatory requirements (formal or informal) are there concerning outsourcing in any industry sector?
 
4. What requirements (formal or informal) are there for regulatory notification or approval of outsourcing transactions in any industry sector?
 

Legal structures

5. What legal structures are commonly used in an outsourcing?
 

Procurement processes

6. What procurement processes are used to select a supplier of outsourced services?
 

Transferring or leasing assets

Formalities for transfer

7. What formalities are required to transfer assets on an outsourcing?
 

Formalities for leasing or licensing

8. What formalities are required to lease or license assets on an outsourcing?
 

Transferring employees

9. In what circumstances (if any) are employees transferred by operation of law?
 

Data protection

10. What legal or regulatory requirements and issues may arise on an outsourcing concerning data protection?
 

Service specification and levels

11. How is the services specification typically drawn up and by whom?
 
12. How are the service levels and the service credits scheme typically dealt with in the contract documentation?
 

Flexibility in volumes purchased

13. What level of flexibility is allowed to adjust the volumes customers purchase?
 

Charging methods and key terms

14. What charging methods are commonly used on an outsourcing?
 
15. What other key terms are used in relation to costs?
 

Customer remedies and protections

16. If the supplier fails to perform its obligations, what remedies and relief are available to the customer under general law?
 
17. What customer protections are typically included in the contract documentation to supplement relief available under general law?
 

Warranties and indemnities

18. What warranties and/or indemnities are typically included in the contract documentation?
 
19. What limitations are imposed by national or local law on fitness for purpose and quality of service warranties?
 
20. What provisions may be included in the contractual documentation to protect the customer or supplier regarding any liabilities and obligations arising in connection with outsourcing?
 

Insurance

21. What types of insurance are available in your jurisdiction concerning outsourcing, and to what extent are they available?
 

Term and notice period

22. Does national or local law impose any maximum or minimum term on an outsourcing? If so, can the parties vary this by agreement?
 
23. Does national or local law regulate the length of notice period required (maximum or minimum)? If so, can the parties vary this by agreement?
 

Termination and termination consequences

Events justifying termination

24. What events justify termination of an outsourcing without giving rise to a claim in damages against the terminating party?
 
25. In what circumstances can the parties exclude or agree additional termination rights?
 
26. What remedies are available to the contracting parties?
 

IP rights and know-how post-termination

27. What implied rights are there for the supplier to continue to use licensed IP rights post-termination? To what extent can the parties exclude or include these by agreement?
 
28. To what extent can the customer gain access to the supplier's know-how post-termination and what use can it make of it?
 

Liability, exclusions and caps

29. What liability can be excluded?
 
30. Are the parties free to agree a cap on liability? If so, how is this usually fixed?
 

Dispute resolution

31. What are the main methods of dispute resolution used?
 

Tax

32. What are the main tax issues that arise on an outsourcing?
 
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