The following TMT practice note provides comprehensive and up to date legal information covering:
Outsourcing agreements usually last for a number of years and require close collaboration between the supplier and the customer throughout the term. Robust governance and reporting provisions form the foundation of this collaboration and ensure that the parties begin their relationship with a clear expectation of how much involvement the customer will have in the day-to-day operations of the outsourced services, how often and in what form the supplier needs to report to the customer, and how potential problems will be resolved.
This Practice Note looks at the following issues:
Introduction to outsourcing governance
Drafting the governance provisions
Legal issues and risks
For precedent governance and reporting provisions, see clause 9 and schedule 9 of Precedent: Outsourcing agreement—long form.
Governance in outsourcing is the way in which a customer and supplier oversee the contract services during the life of the agreement, manage its delivery and resolve any problems that arise. Governance can be contractual, where the rules are prescribed in the outsourcing agreement, or relational, which is the way in which the customer and supplier work together informally. There is research which suggests that the most positive outcomes result from situations where both contractual and relational governance are operating effectively together. See: Outsourcing Business and I.T. Services: the Evidence of Success, Robust Practices and Contractual Challenges: Legal Information Management, 12 (2012), pp. 2–7.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.