IT / Outsourcing
IT and outsourcing have been part of our key competencies since the foundation of our firm. Our partners Thomas Heymann, Dr. Lars Lensdorf and Dr. Moritz Hüsch are known and respected internationally for their expertise in these areas.
Supporting outsourcing clients (i.e. the companies that outsource) has long been a focal point of our advisory activities. We regularly provide comprehensive advice on IT outsourcing and business process outsourcing (BPO), especially in the banking and financial services sector (e.g., payment transactions, securities settlement, credit card settlement, custodial services) and on outsourcing projects in the areas of logistics, human resources, and facility management. Our clients can rely on receiving expert advice from us on relevant banking and supervisory regulations and data protection and telecommunications laws. Related employment law issues are handled by a team of lawyers who deal with such issues on a daily basis.
In the IT area, we provide our clients with comprehensive advice on all issues of IT law, including litigation (for further details please refer to “Intellectual Property”). In addition to our “traditional” areas of expertise such as project, telecommunications, software license, distribution, and software maintenance agreements, we specialize in complex IT project/system integration agreements. Of course, we also provide our clients with advice and assistance on current IT related issues such as, for example, the increasingly important data protection issues raised by the use of open source software and cloud computing. In addition, our IT compliance programs ensure that our clients are familiar with and meet the IT related legal requirements that apply to their respective businesses.
Our advice is not necessarily limited to legal issues. At the request of our clients, we will provide support throughout every phase of an IT/outsourcing project up to the final negotiations. This includes, in particular, the structuring and definition of the project, the evaluation of the business case including the complex pricing system, the identification and definition of the scope of services, the call for and evaluation of tenders, and the drafting of service specifications and service level agreements.
The important role that IT plays in the effective functioning of any enterprise increasingly causes IT law related issues to arise in areas that originally had little or no connection to IT law. This is becoming more and more obvious in M&A transactions, cooperation agreements, and joint ventures, where these issues are addressed in close collaboration with our transaction specialists.