Outsourcing: Editorial

The sixth edition of the Outsourcing multi-jurisdictional guide brings together a wide range of information on topical cross-border issues and detailed country-specific Q&A guides.

The potential advantages of cloud computing are compelling and will undoubtedly push more businesses to consider using cloud services to replace or enhance current computing and application resources. We therefore explore the potential impact of cloud computing (see Cloud computing: a primer for outsource lawyers).

Due to the financial attractiveness, people skills and business environment, India is the most popular destination for the provision of offshore information technology outsourcing, business process outsourcing and voice-based outsourcing services. We examine India as an outsourcing hub covering India's offshore outsourcing advantages and the possible risks and disadvantages of outsourcing to India (see Outsourcing hubs: India).

Outsourcing projects can fail in their intended purposes if employee issues are not given sufficient consideration. We supply guidance on effective communication with employees from a management perspective, in particular, common employee perceptions of outsourcing projects; the implications of these perceptions for the outsourcing company and its managers; the importance of communicating with employees; and related measures to ensure the successful implementation of an outsourcing project (see Outsourcing transactions: managing employee communications).

One of the attractions of outsourcing is the implicit element of risk transfer. We explore the effects of outsourcing on the ownership of the principal categories of risk which may be retained or created in entering into an outsourcing transaction. We also look at some potential mitigating steps which can be taken in relation to risk transfer (see Risk transfer in Outsourcing contracts).

The country-specific Q&A chapters provide practical information on outsourcing law in 20 key jurisdictions worldwide. They set out relevant laws, sectoral regulations and asset transfer formalities, procurement processes, regulatory requirements and the advantages and disadvantages to available contractual models. Employment law and data protection issues are also covered. The chapters examine contractual terms and documentation in detail, including service levels and specifications, charging methods, warranties and indemnities, termination, and liability. The taxation of outsourcings is also considered. Further, the guide includes a comparative table summarising regulatory notification and approval of outsourcing transactions.

The Outsourcing multi-jurisdictional guide is available online as part of PLC Cross-border. This is a unique online service that provides know-how and market intelligence for in-house counsel, as well as private practitioners operating across borders. The service includes practical guidance notes, standard form documents and checklists. Visit www.practicallaw.com/crossborder for more information.

Other guides in the series include: Arbitration, Capital Markets, Competition, Construction and Projects, Corporate Governance and Directors' Duties and Liabilities, Corporate Real Estate, Data Protection, Dispute Resolution, Doing Business In..., Employee Share Plans, Environment, Finance, Insurance and Reinsurance, IP in Business Transactions, Investment Funds, Labour and Employee Benefits, Leniency, Life Sciences, Media, Mergers and Acquisitions, Private Client, Private Equity, Restructuring and Insolvency, Structured Finance and Securitisation and Tax on Transactions.

The guide has been co-published with the contributors. We would like to thank all the firms involved for the excellence of their contributions and their attention to deadlines. If you wish to contact any contributor, full details are set out at the end of each chapter.

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