IT outsourcing agreement—checklist

Published by a LexisNexis TMT expert

Checklists

IT outsourcing agreement—checklist

Published by a LexisNexis TMT expert

Checklists

This Checklist is designed to highlight issues that commonly arise during the drafting of outsourcing agreements, and is suitable for use with the following Precedents:

•
Outsourcing agreement—long form
•
Outsourcing agreement—short form

For further information on issues raised by this Checklist, see the following Practice Notes:

•
Negotiation guide: IT contracts
•
Outsourcing—key terms
•
Key issues in IT outsourcing
•
The evolution of IT outsourcing

The third column can be used to record observations or comments as the Checklist is worked through.

Checklist	Further information	Notes (if any)
Initial due diligence
☐ Confirm what due diligence has been done or needs to be done.	Relevant issues include:—the services to be provided—possible employee or the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 issues arising from transfer of services to the supplier—intellectual property rights (IPRs) and other assets required to perform the services or requiring transfer to the supplier, and—specific considerations arising by nature of the parties involved (eg the need for standard public sector clauses when dealing with public sector organisations)
☐