Ebook: Outsourcing to India — A Legal Handbook

For the benefits offered by outsourcing and offshoring, organisations outsourcing to India must however recognise that there are real risks involved, and allocating such risk through a well constructed contract is a crucial step in minimizing such risk. As is the case with respect to any material agreement, the structure of an outsourcing agreement is important because it embodies the rights, remedies, duties and obligations of the parties and provides a blueprint for the parties' relationship.

When contracts transcend national boundaries, the national legal regime of any single country becomes inadequate. When the parties to the contract are located in different countries, at least two systems of law impinge upon the transaction and the rules of International Law come into play. Clauses however addressing certain issues can only be governed by Indian Law.

Specific legal factors around Data Processing, Intellectual Property and staffing implications (TUPE) must also be given careful consideration.

---

For all the benefits offered by outsourcing to India, companies must also recognize that there are real risks involved. Allocating such risk through a well constructed contract is a crucial step. As is the case with respect to any material agreement, the structure of an outsourcing agreement is a key issue because it embodies the rights, remedies, duties and obligations of the parties and provides a blueprint for the parties’ relationship. When contracts transcend national boundaries, the national legal regime of any single country becomes inadequate and the rules of International Law come into play. Clauses however addressing certain issues can only be governed by Indian Law. Specific legal factors around Data Processing, Intellectual Property and staffing implications (TUPE) must also be given careful consideration.

This book offers concise, digestible and relevant legal advice to help ensure an outsourcing deal delivers on its promise. It also provides a checklist for companies to ensure critical factors are adequately addressed within their contract with the service provider.

---

For all the benefits offered by outsourcing to India, companies must also recognize that there are real risks involved. Allocating such risk through a well constructed contract is a crucial step. As is the case with respect to any material agreement, the structure of an outsourcing agreement is a key issue because it embodies the rights, remedies, duties and obligations of the parties and provides a blueprint for the parties’ relationship. When contracts transcend national boundaries, the national legal regime of any single country becomes inadequate and the rules of International Law come into play. Clauses however addressing certain issues can only be governed by Indian Law. Specific legal factors around Data Processing, Intellectual Property and staffing implications (TUPE) must also be given careful consideration.

This book offers concise, digestible and relevant legal advice to help ensure an outsourcing deal delivers on its promise. It also provides a checklist for companies to ensure critical factors are adequately addressed within their contract with the service provider.

Content:
Front Matter....Pages I-XIX
Background and snapshot of key issues....Pages 1-13
Outsourcing fundamentals....Pages 15-22
Attitudes to outsourcing worldwide....Pages 23-24
Selecting an outsourcing service provider....Pages 25-32
The Indian judicial system....Pages 33-36
Critical contract considerations — jurisdiction issues....Pages 37-53
Allocation of risk into the contract....Pages 55-67
Project management....Pages 69-71
Contract discharge and methods to reduce liability....Pages 73-80
Pricing....Pages 81-84
Transition-in and change control....Pages 85-87
Scope of services to be outsourced....Pages 89-92
Service Level Agreements....Pages 93-103
Contract enforcement....Pages 105-109
Contract termination procedures....Pages 111-115
Unenforceable contract terms under Indian legal system....Pages 117-119
The EU Data Protection Directive 97/66/EC and related issues....Pages 121-136
Intellectual property rights (IPR)....Pages 137-145
Transferring employees as part of the outsourcing agreement....Pages 147-151
Legal and regulatory risks....Pages 153-155
Specific Indian legal issues of importance....Pages 157-162
Summary....Pages 163-166
Back Matter....Pages 167-208

---

For all the benefits offered by outsourcing to India, companies must also recognize that there are real risks involved. Allocating such risk through a well constructed contract is a crucial step. As is the case with respect to any material agreement, the structure of an outsourcing agreement is a key issue because it embodies the rights, remedies, duties and obligations of the parties and provides a blueprint for the parties’ relationship. When contracts transcend national boundaries, the national legal regime of any single country becomes inadequate and the rules of International Law come into play. Clauses however addressing certain issues can only be governed by Indian Law. Specific legal factors around Data Processing, Intellectual Property and staffing implications (TUPE) must also be given careful consideration.

This book offers concise, digestible and relevant legal advice to help ensure an outsourcing deal delivers on its promise. It also provides a checklist for companies to ensure critical factors are adequately addressed within their contract with the service provider.

Content:
Front Matter....Pages I-XIX
Background and snapshot of key issues....Pages 1-13
Outsourcing fundamentals....Pages 15-22
Attitudes to outsourcing worldwide....Pages 23-24
Selecting an outsourcing service provider....Pages 25-32
The Indian judicial system....Pages 33-36
Critical contract considerations — jurisdiction issues....Pages 37-53
Allocation of risk into the contract....Pages 55-67
Project management....Pages 69-71
Contract discharge and methods to reduce liability....Pages 73-80
Pricing....Pages 81-84
Transition-in and change control....Pages 85-87
Scope of services to be outsourced....Pages 89-92
Service Level Agreements....Pages 93-103
Contract enforcement....Pages 105-109
Contract termination procedures....Pages 111-115
Unenforceable contract terms under Indian legal system....Pages 117-119
The EU Data Protection Directive 97/66/EC and related issues....Pages 121-136
Intellectual property rights (IPR)....Pages 137-145
Transferring employees as part of the outsourcing agreement....Pages 147-151
Legal and regulatory risks....Pages 153-155
Specific Indian legal issues of importance....Pages 157-162
Summary....Pages 163-166
Back Matter....Pages 167-208
....