Outsourcing Definition

GLOSSARY

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What does Outsourcing mean?

Using a third party to undertake work that a law firm or in-house team would normally do for themselves and for which the firm or in-house team remain responsible.

This may include business operations (IT services etc) or legal services (activities which could be carried out by a paralegal etc). However, reserved legal activities must only be outsourced to an authorised person and all arrangements must be subject to controls including the right for the SRA to enter the premises of the third party and obtain documentation from them. These controls are the SRA Code of Conduct 2011, ch 7.

View the related checklists about Outsourcing

Facilities management outsourcing—checklist

Facilities management outsourcing—checklist This Facilities management outsourcing—checklist is intended to assist law firms considering whether to outsource any aspect of facilities management. It sets out the key issues which need to be considered before appointing a third party supplier to provide facilities management services. This Checklist does not cover regulatory inspection rights under the SRA Codes of Conduct, which come into play when third parties carry out functions on your behalf which are critical to the delivery of your legal services. For more information about SRA inspection rights and other regulatory considerations, see: Outsourcing—law firms—overview. Issue Questions to consider Response Your objectives Why are you proposing to enter into a facilities management agreement?What are you trying to achieve, eg is the focus reducing cost or is it improving quality?Is the aim to consolidate the number of existing suppliers? Service scope What services will fall under the scope of this agreement? Current arrangements How are those services currently sourced?Is there an in-house team or an existing supplier? ...

Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

Outsourcing lifecycle—global sourcing of services—flowchart

Outsourcing lifecycle—global sourcing of

Setting up a panel of preferred suppliers of legal services—flowchart

Setting up a panel of preferred suppliers of legal services—flowchart This Flowchart is designed to illustrate a logical process for setting up a panel of preferred suppliers of legal services. It provides guidance on the key steps and considerations to be followed by an in-house legal team when creating a panel of external preferred legal services suppliers. It assumes that a considered decision has been made to outsource some or all legal work in an organisation. It also assumes that the organisation is a private sector organisation incorporated in England and Wales and in particular is not subject to public sector procurement rules. Note 1 The first step is to put together a legal services procurement team to lead and manage the project. This team should ideally be small (maximum six people) to avoid it becoming unwieldy. The engagement and support of business stakeholders for the project is critical to its success. It is worth identifying your key stakeholders within the organisation who use legal services provided by external...

Outsourcing for law firms: compliance lifecycle

The diagram below shows key compliance steps from the point at which your firm first considers entering into an outsourcing agreement up to and including post agreement auditing. The diagram incorporates:•Solicitors Regulation Authority (SRA) requirements•data protection requirements•general risk management best practiceFor guidance on the steps shown in the diagram, see Practice Note: Outsourcing—systems and controls for law firms.At the end of the table, you will find links to Precedents and guidance notes for each step.StepPrecedentsPractice Notes1—internal due diligenceOutsourcing due diligence record—law firmsDue diligence in outsourcing2—non-disclosure agreementNot applicableOutsourcing and offshoring—law firms—Outsourcing and confidentialityOutsourcing—systems and controls for law firms—Pre-contract compliance checks: stages 1–63—supplier auditInformation and cybersecurity—supplier

Outsourcing—systems and controls for law firms

Before you engage in outsourcing activities, you will have to navigate a complex compliance obstacle course dictated by:•SRA requirements•data protection requirements•other legislation, eg Equality Act 2010•general risk management best practiceWe have attempted to simplify this in our Outsourcing compliance lifecycle diagram. This Practice Note provides high-level guidance on the four key compliance phases, which are further divided into 12 practical stages to correspond with our Outsourcing compliance lifecycle diagram:•pre-contract (stages 1–6)•negotiating and executing the contract (stages 7–9)•post-contract record keeping (stage 10)•post-contract quality checking and auditing (stages 11–12)Regulatory requirementsFor guidance on regulatory requirements that are specific to the legal sector, see Practice Note: Outsourcing and offshoring—law firms. For guidance on data protection requirements, see Practice Note: Outsourcing and data protection.For guidance on general risk management best practice, see Practice Notes: •Due diligence in outsourcing•Limitation of liability in outsourcing •Outsourcing remedies—step-in rights, service credits, liquidated damages and terminationPre-contract compliance checks: stages 1–6There are several compliance activities you should consider before entering into an outsourcing agreement. The order suggested reflects our Outsourcing compliance...

Discover our 494 Practice Notes on Outsourcing

Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

Transition schedule

Transition schedule Schedule—Transition 1 Introduction 1.1 This Schedule describes how the Services will be transferred from the Customer to the Supplier on or before the scheduled Service Commencement Date . 1.2 It sets out the responsibilities of each party, management and reporting processes and the consequences of any delays or failures in the delivery of the Transition activities. 2 Transition 2.1 From the Effective Date, the Supplier shall: 2.1.1 begin Transition of the Services in accordance with the Transition Plan contained in the Annex to this Schedule; 2.1.2 ensure that each Milestone is completed on or before the Milestone Date; and 2.1.3 take any other action or perform any other services that are necessary to ensure that the Services are ready to be provided on or before the Service Commencement Date notwithstanding that such actions or services may not be expressly set out in the Transition Plan. 2.2 The Supplier shall be responsible for the overall management of Transition and shall identify and resolve, or assist the Customer in the...

Dive into our 102 Precedents related to Outsourcing

If an employee who would otherwise be assigned to the organised grouping of resources or employees that is subject to a relevant transfer under TUPE 2006 has been temporarily assigned to carry out alternative duties for another such grouping for the three months prior to the relevant transfer, will the employee still transfer to the transferee under TUPE 2006, regulation 4(1)?

If an employee who would otherwise be assigned to the organised grouping of resources or employees that is subject to a relevant transfer under TUPE 2006 has been temporarily assigned to carry out alternative duties for another such grouping for the three months prior to the relevant transfer, will the employee still transfer to the transferee under TUPE 2006, regulation 4(1)? Where there is a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, reg 3(1), subject to an employee's right to object to the transfer, the contracts of employment of those employees employed by the transferor and 'assigned to the organised grouping of resources or employees that is subject to the relevant transfer', and which would otherwise be terminated by the transfer, automatically transfer to the transferee and have effect after the transfer as if originally made between the employee and the transferee. The reference to a person employed by the transferor and assigned to the organised grouping of resources or...

Where TUPE 2006, SI 2006/246, reg 8(7) takes effect (and therefore regs 4 and 7 of TUPE 2006 do not apply), does ERA 1996, s 218(2) still operate to preserve an employee’s continuity of service?

Where TUPE 2006, SI 2006/246, reg 8(7) takes effect (and therefore regs 4 and 7 of TUPE 2006 do not apply), does ERA 1996, s 218(2) still operate to preserve an employee’s continuity of service? The section 218(2) of the Employment Rights Act 1996 (ERA 1996) provides that, on the transfer of a trade, business or undertaking: • an employee’s period of employment in the trade, business or undertaking at the time of the transfer counts as a period of employment with the transferee, and • the transfer does not break the continuity of the period of employment This provision is separate from the provisions set out in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246. Ordinarily, employees who transfer to the transferee will not need to rely on ERA 1996, s 218(2) in order to establish that their continuity of employment is preserved. However, there may be cases where an employee becomes employed by the transferee but does not automatically transfer to the transferee...

See the 166 Q&As about Outsourcing

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TMT weekly highlights—31 October 2024

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

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