The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:
Before you engage in outsourcing activities, you will have to navigate a complex compliance obstacle course dictated by:
data protection requirements
other legislation, eg Equality Act 2010
general risk management best practice
We 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)
For guidance on regulatory requirements that are specific to the legal sector, see Practice Note: Outsourcing and offshoring 2019—law firms.
For guidance on data protection requirements, see Practice Note: Data protection and outsourcing under the GDPR.
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 termination
There are several compliance activities you should consider before entering into an outsourcing agreement. The order suggested below reflects our Outsourcing compliance lifecycle, although you may prefer to vary the order for operational reasons.
One of the most common reasons that outsourcing projects fail is a mismatch of
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