Outsourcing in Germany

Baker McKenzie

Baker McKenzie remains one of the big players for outsourcing advice on both provider and buyer side. The firm's range of services include advice on IT outsourcings, particularly in the area of managed operations, and the outsourcing and consolidation of data centres. In the team surrounding Michel Schmidl and Holger Lutz counsel Björn Helwig is the main contact on provider side for globally acting management consulting, technology and outsourcing service providers. Matthias Scholz has expertise in outsourcing transactions with a particular focus on the financial sector and the pharmaceutical industry.

Practice head(s):

Michel Schmidl; Holger Lutz

Other key lawyers:

Björn Helwig; Matthias Scholz

Work highlights

  • Advised a fintech company on the drafting of end customer contracts and group-internal outsourcing agreements according to German and Luxembourg law in connection with the creation of a new app for account management with integrated analysis possibilities and agency services.
  • Advised a large German company in the security industry, including on due diligence, on a large outsourcing deal with a fee volume of over EUR 500,000.
  • Assisted a wealth and asset management company with the tender and negotiation of a global procurement contract regarding IT infrastructure and the transfer of employees to the provider.

CMS

CMS' outsourcing practice handles IT outsourcing, business process outsourcing (BPO) and innovation and IT-driven transactions. Sebastian Cording and Markus Häuser are the two key figures within the IT team. Malte Grützmacher primarily acts for buyers of outsourcing services and Axel Funk also has expertise in the drafting and negotiation of outsourcing contracts.

Noerr

Noerr has recently handled several outsourcings in the media sector. The firm advises multiple publishing companies and advertisement agencies on the negotiation of contracts. The firm's client portfolio furthermore includes IT providers and on buyer side also banks and financial institutions, insurers and transport companies. The team boasts particular expertise in connection with contentious outsourcing matters arising from failed outsourcing projects. Thomas Thalhofer is the main contact. Tobias Kugler advises on cloud products.

Practice head(s):

Thomas Thalhofer

Other key lawyers:

Joachim Schrey; Tobias Kugler

Osborne Clarke

Osborne Clarke's range of services extends from outsourcings and resourcings to insourcings and cloud projects. The firm acts on provider and buyer side (in part for large German and international companies) and often advises clients on second and third generation outsourcings. Ulrich Bäumer is the key figure and co-head of the India group. Accordingly, he frequently advises Indian service providers.

Other key lawyers:

Ulrich Bäumer

Bird & Bird LLP

Bird & Bird's Tech&Comms sector group surrounding Fabian Niemann is well versed in complex technology outsourcings and the outsourcing of individual business processes. Besides advising on traditional outsourcings the firm also focuses on outsourcing projects caused by new technology and business developments, such as large cloud infrastructure outsourcing projects in Europe and outsourcings driven by digitalisation, IoT and AI. The team works in close cooperation with other practice groups and acts for a client roster that includes prominent large companies particularly in the technology and communications, retail and consumer, and finance and service sectors. In March 2019 Hartmut Hörner joined from Deloitte Legal Rechtsanwaltsgesellschaft mbH with expertise in the drafting, negotiation and execution of all types of contracts.

Practice head(s):

Fabian Niemann

Other key lawyers:

Alexander Duisberg; Jörg-Alexander Paul; Henriette Picot

Testimonials

‘Bird & Bird provides effective and pragmatic privacy-related services.’ 

‘We consider Bird & Bird, and especially Fabian Niemann, the very best resource in Europe, and we don’t look elsewhere for legal services.’  

‘Fabian Niemann stands out for his advice and assistance. He quickly understands business context, brings a level of real world pragmatism that we have not found in other European attorneys, and gives effective and timely assistance.’  

Key clients

Ab Initio

adidas

Bedeutende IT-Dienstleister im GKV-Bereich

Dalli

Evangelische Landeskirche Bayern

Genpact

Gesetzliche Krankenkasse

Mehrere Bundesländer

SAP

Work highlights

  • Provided continued advice to Dalli on various BPOs, including logistics outsourcing in Romania.
  • Advised Ab Initio on various projects in the banking and logistics sectors.
  • Advised a significant IT service provider in the statutory health insurance sector and led the negotiation procedures with competitive bidding with reduced time limits for the award of the development contract on electronic patient records.

Covington & Burling LLP

Recently Covington & Burling LLP has been particularly active advising on outsourcings in the energy and financial services sectors. The firm often handles multinational and global outsourcings, including of IT infrastructure and services as well as F&A and HR services, and the advice often takes into account data protection, IT law and banking regulatory issues. 'Outstanding advisor' Lars Lensdorf is the key figure.

Other key lawyers:

Lars Lensdorf

Testimonials

‘The lawyers know all possible facets and can draw on a large pool of experience.’

Key clients

GEA Group

DLA Piper

DLA Piper's range of services includes advice on IT and business process outsourcing, development and implementation projects, including agile programming procedures, and strategic IT procurement. The firm's portfolio recently again featured several disputes with IT outsourcing providers as well as a particular sector focus on the banking and insurance industry. Jan Pohle is the key figure.

Other key lawyers:

Jan Pohle; Jan Geert Meents

Latham & Watkins LLP

Outsourcing advice is a key component of Latham & Watkins LLP's IT practice. Counsel Thies Deike has 20 years' experience in the field and particular expertise regarding outsourcing in the financial industry. The team also handles outsourcing aspects of transactions, where advice is given in close collaboration with the M&A and private equity practices. In the often international context of its mandates the team frequently liaises with the firm's London office.

Other key lawyers:

Thies Deike

Key clients

Aliaxis SA

Deutsche Bank AG

RWE AG

Toscafund Asset Management LLP

Work highlights

  • Assisted Aliaxis SA with transitional services agreements in the IT area and numerous other functions in connection with the sale of business divisions.
  • Advised Toscafund Asset Management LLP on regulatory outsourcing matters, IP, data protection and contractual issues in connection with the investment in LIQID, a fintech in the wealth management segment.
  • Advised RWE in connection with a multinational business process outsourcing.

Luther Rechtsanwaltsgesellschaft mbH

Luther Rechtsanwaltsgesellschaft mbH is particularly active advising on IT outsourcing. Besides handling the outsourcing of IT infrastructures the team also has experience regarding the outsourcing of other business areas. Clients include IT service providers and on buyer side banks, energy providers and multinational companies but also the public sector. Michael Rath is the key figure and is assisted by Christian Kuß, who was promoted to partner in July 2018.

Other key lawyers:

Michael Rath; Christian Kuß

Key clients

arvato Systems / Bertelsmann

AirBerlin

Bayer

BASF

Bundesministerium für Verkehr und digitale Infrastruktur (BMVI)

Celesio

Deutsche Postbank

E.ON

Evonik Industries

Miele

ThyssenKrupp

SIG

Procter & Gamble

Reemtsma

Infosys

Work highlights

  • Advised BASF Business Services GmbH on various IT outsourcing transactions and digitalisation projects.
  • Advised the Deutsche Telekom AG on the new award and outsourcing of its Germany-wide facility management.
  • Led the legal project management for thyssenkrupp AG regarding the global IT outsourcing with T-Systems and assisted the client with termination agreements.

White & Case LLP

White & Case LLP's technology transactions team advises insurers, banks and automotive manufacturers, several DAX-listed companies but also start-ups on their outsourcing requirements. Deals handled by the firm are often multinational and include the outsourcing of IT infrastructure, application management, business process outsourcing and facility management. Jost Kotthoff is a recognised expert in all types of technology transactions.

Other key lawyers:

Jost Kotthoff; Detlev Gabel

GÖRG Partnerschaft von Rechtsanwälten mbB

GÖRG Partnerschaft von Rechtsanwälten mbB's practice focuses on the cross-border outsourcing of strategic IT services, including asset and employee transfers, as well as long-term projects for the outsourcing of business processes. Recently the team was particularly active in the banking sector, such as acting for a large German private bank in a business process outsourcing and drafting outsourcing agreements for several other financial institutions taking into account banking and insurance regulatory requirements. Practice head Florian Schmitz and Michael Heise are particularly active in this area.

Practice head(s):

Florian Schmitz

Other key lawyers:

Michael Heise

Greenberg Traurig Germany

Greenberg Traurig Germany's industry focus in the real estate and telecoms sectors also extends to its outsourcing practice. Recently, however, the team was particularly busy advising the German Ministry of Transport on four parallel outsourcing projects in connection with the introduction of infrastructure charges (private car toll). Another focus of the practice lies on outsourcing contracts in the context of M&A transactions. Viola Bensinger is the key figure.

Practice head(s):

Viola Bensinger

Other key lawyers:

Stefan Lütje

Key clients

Bundesministerium für Verkehr und digitale Infrastruktur

Taiyo Nippon Sanso Corporation (und die Tochtergesellschaft Matheson Tri-Gas)

PayPal

SolarisBank

Stadt und Land Wohnbauten-Gesellschaft mbH

ZTE Corp. (ZTE Services Deutschland GmbH)

TAG Immobilien AG

GlobalLogic

Work highlights

  • Advised Taiyo Nippon Sanso Corporation (and its subsidiary Matheson Tri-Gas) on post-M&A outsourcing and license agreements for securing business functionality of the European industrial gas business acquired from Praxair in connection with the merger of Praxair with Linde AG.
  • Assisted GlobalLogic, a global service provider for software developments, on two large cooperations with Vodafone plc and Deutsche Telekom for the equipment of mobile home servers with the required operating software for the use of mobile services, internet and entertainment offers.
  • Advised the Federal Ministry for Transport and Digital Infrastructure on four parallel outsourcing projects in connection with the introduction of the infrastructure charge (car toll).

SSW Rechtsanwälte Steuerberater Wirtschaftsprüfer

SSW Rechtsanwälte Steuerberater Wirtschaftsprüfer's portfolio in the outsourcing area recently included a BPO outsourcing in the healthcare sector, the multinational outsourcing of an HR solution and several IT outsourcings and cloud contracts. The firm's clients are, among others, health insurance funds, software manufacturers, publishing and media enterprises and listed international companies as well as public entities. Isabell Conrad is the key contact.

Practice head(s):

Isabell Conrad

Testimonials

‘SSW has evident home game benefits in the outsourcing segment. Due to the excellent expertise, network and presence in other IT law and data protection matters, the firm is also able to effortlessly structure, negotiate and complete large outsourcing projects across borders.’

Waldeck Rechtsanwälte PartmbB

Waldeck Rechtsanwälte PartmbB's IT team provides outsourcing advice in combination with banking regulatory and procurement law matters. Jens-Holger Petri's main focus lies on giving advice on outsourcings predominantly in the banking and financial services sector.

Other key lawyers:

Jens-Holger Petri