Companies are increasingly using technology and outsourcing as a catalyst for transformation and to achieve strategic business objectives.
The negotiation of sourcing arrangements can bring specific risks and challenges for many companies, especially those sourcing on a global basis and those in regulated industries.
Given the current economic climate, we understand the increasing need for all parties to outsourcing or procurement transactions to develop innovative pricing models which are aligned to long-term strategic partnerships, such as open-book, risk-shared and outcome-based pricing, as cost pressures are brought to bear on customers and suppliers are increasingly expected to provide transparency and ever greater efficiency.
But innovative pricing and the need to control costs are often at odds with increased regulatory oversight. Stronger regulation and enforcement in the areas of cyber security, data protection and financial services mean that leveraging more efficient infrastructure such as cloud-based technology becomes more difficult as the customer is required to maintain some control over all levels of the supply chain and a supplier’s ability to manage its service provision as efficiently as possible is therefore constrained.
Clients rely on our team to navigate them through the complexities of their technology and outsourcing transactions, and balance these risks.
Our global technology and outsourcing specialists have market leading experience and expertise in providing commercial and innovative support to all parties within the technology and procurement matrix - customers, suppliers, private companies and governments. This includes tendering, structuring, negotiation and transition management, renegotiation and dispute management and exit.
The team has advised clients across a wide range of sectors, such as financial services,TMT and energy & utilities, enabling them to share extensive market knowledge and best practice. This includes a valuable understanding of both the legal and commercial drivers which help create a good deal for our clients not just on signing a contract, but throughout the term of the contract.
Complex, multi-jurisdictional transactions and those with significant regulatory challenges are a particular area of strength for the team. We are supported by and work closely with a global network of Linklaters’ specialists in financial services regulation, tax, structured finance, data protection and banking secrecy, employment law, intellectual property, procurement regulation and competition law.