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PRACTICE NOTES
This Practice Note considers issues arising in multi-jurisdictional outsourcing arrangements, including offshore and nearshore transactions. Outsourced service provision is an established business strategy in most developed economies of the world and is increasing its prevalence in developing countries. This Practice Note considers the following key issues specific to multinational or offshore outsourcing arrangements: • Initial considerations • Deal structures • Payment and invoicing • Benchmarking • Governing law • Forum for resolving disputes • Jurisdiction • Operational issues • Data protection • Personnel • Tax considerations • Corruption, slavery and ethical issues • Termination For an outsourcing agreement suitable for use in international transactions, see Precedent: Outsourcing agreement—long form. See also Precedent: Offshore IT outsourcing—training materials. For more general guidance on contracting internationally, see: International contracts—overview. For jurisdiction specific guidance, see: Doing business in key global jurisdictions—overview and Lexology Panoramic: Outsourcing. Initial considerations The growth in international outsourcing has been facilitated by suppliers having developed credible regional delivery centres that can deliver the outsourced services on a cross-border basis so as to meet local requirements. An international outsourcing transaction
PRACTICE NOTES
Instead of, or in addition to, filing a national patent application at a national patent office (eg a GB patent application at the UK Intellectual Property Office (UK IPO)), or a regional patent application at a regional patent office (eg a European patent application at the European Patent Office (EPO)), an international patent application can be filed under the Patent Cooperation Treaty (PCT). This Practice Note provides an overview of the main provisions of the PCT and the process for filing an international patent application. For more information about applying for a GB patent at the UK IPO, see Practice Note: Patent applications—how to obtain patent protection in the UK. For a list of the regional patent offices, see here and for more information about European patent applications at the EPO, see Practice Note: European patent—application procedure. The Patent Cooperation Treaty (PCT) The PCT, which was established in 1970, assists applicants in seeking patent protection internationally for their inventions. The PCT has been ratified by over 150 countries, including the UK. For a list of
PRACTICE NOTES
Pension rights may be transferred from one scheme to another. To avoid any adverse tax consequences under the Finance Act 2004 (FA 2004), a transfer from a UK-registered pension scheme must constitute a 'recognised transfer' as such a transfer is expressly recognised at FA 2004, s 164(1)(c) as a type of authorised member payment. This Practice Note covers the considerations applicable on: • the only type of recognised transfer possible from a UK-registered pension scheme to an overseas pension arrangement (namely a transfer to a Qualifying Recognised Overseas Pension Scheme (QROPS))—for further information, see: Transfer to a QROPS, below • transfers from a UK-registered pension scheme to overseas arrangements other than a QROPS—for further information, see: Transfer to an overseas pension scheme other than a QROPS, below • transfers from overseas arrangements to a UK-registered pension scheme—for further information, see: Transfers from overseas pension schemes Between 13 January 2019 and IP completion day (11 pm on 31 December 2020), additional requirements applied to cross-border transfers, ie bulk transfers between UK occupational pension schemes
PRACTICE NOTES
ARCHIVED: On 7 June 2021, a decision was published in the Official Journal of the EU providing for: (a) new standard contractual clauses (SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA to be available for use from 27 June 2021; and (b) for the repeal (after a grace period) of the older 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) imposes restrictions on transfers of personal data outside the EEA (EEA Transfer Restrictions). This
PRACTICE NOTES
ARCHIVED: On 7 June 2021, a decision was published in the Official Journal of the EU providing for: (a) new standard contractual clauses (SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA to be available for use from 27 June 2021; and (b) for the repeal (after a grace period) of the older 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) imposes restrictions on transfers of personal data outside the EEA (EEA Transfer Restrictions). This
PRACTICE NOTES
ARCHIVED: On 7 June 2021, a decision was published in the Official Journal of the EU providing for: (a) new standard contractual clauses (SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA to be available for use from 27 June 2021; and (b) for the repeal (after a grace period) of the older 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) imposes restrictions on transfers of personal data outside the EEA (EEA Transfer
PRACTICE NOTES
ARCHIVED: On 7 June 2021, a decision was published in the Official Journal of the EU providing for: (a) new standard contractual clauses (SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA to be available for use from 27 June 2021; and (b) for the repeal (after a grace period) of the older 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) imposes restrictions on transfers of personal data outside the EEA (EEA Transfer Restrictions). This
PRACTICE NOTES
ARCHIVED: On 7 June 2021, a decision was published in the Official Journal of the EU providing for: (a) new standard contractual clauses (SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA to be available for use from 27 June 2021; and (b) for the repeal (after a grace period) of the older 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) imposes restrictions on transfers of personal data outside the EEA (EEA Transfer Restrictions). This
PRACTICE NOTES
ARCHIVED: On 7 June 2021, a decision was published in the Official Journal of the EU providing for: (a) new standard contractual clauses (SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA to be available for use from 27 June 2021; and (b) for the repeal (after a grace period) of the older 2001, 2004 and 2010 international transfer SCCs. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) imposes restrictions on transfers of personal data outside the EEA (EEA Transfer Restrictions). This Practice Note illustrates
GLOSSARY
The combination of digits to be dialled, following access to the PSTN (Public Switched Telephone Network), by a caller making a call to a recipient in another country to obtain access to the automatic outgoing international equipment. For the UK, this prefix is '00'.
GLOSSARY
Circuits leased from international facilities communications providers, which cross one or more international boundaries.
GLOSSARY
A common carrier engaged in providing overseas electronic communications service. Services furnished traditionally include telex, private line service and alternate voice data service.