Communications outsourcing
Produced in partnership with Purvi Parekh of Anakiya Consulting
Communications outsourcing

The following TMT guidance note Produced in partnership with Purvi Parekh of Anakiya Consulting provides comprehensive and up to date legal information covering:

  • Communications outsourcing
  • Communications outsourcing
  • A regulatory environment
  • Why do businesses outsource communications services?
  • What can be outsourced?
  • Structure of a communications outsourcing arrangement
  • Who drafts the agreement?
  • Specific points in a communications outsourcing

This Practice Note provides an overview of the types of communications services commonly outsourced and the reasons for outsourcing. Typical outsourcing structures are also explored, together with key provisions, service levels, benchmarking, warranties and additional issues.

Communications outsourcing

'Outsourcing' broadly means the contracting out of a business process or function to another party. Examples of functions which might be outsourced include human resources, payroll processing, IT, customer services, finance and accounting.

The outsourcing of communications takes many different forms. While there is no legally approved definition, communications outsourcings usually involve the outsourcing of services associated with voice and/or data communications in some form. Such outsourcings can be full outsourcings, involving the outsourcing of a fully functioning private communications network, or managed service outsourcings, or, more specific outsourcings, such as the support and maintenance of telecoms apparatus to data centre outsourcing, or the procurement of the supply of handsets.

A regulatory environment

Electronic communications is a regulated sector and providers of electronic communication services (ECSs), electronic communication networks (ECNs) and associated facilities are subject to the underpinning regulations. These include regulations which are not specific to the electronic communications sector, as areas such as data privacy, data security, and issues around interception and government investigatory powers are also relevant. See: Telecommunications—overview.

Within the EU, there is no longer a system of licensing