Click here to download the outsourcing 2016 report, published by Getting the Deal Through.

Jurisdictions covered

The following 15 jurisdictions are covered in this report:

Australia; Chile; Czech Republic; Finland; France; Germany; Italy; Japan; Mexico; Philippines; Portugal; Spain; Switzerland; United Kingdom; United States.

Questions

The set of questions relating to the topic of outsourcing and answered by the guide for each jurisdiction covered include:

Market overview

• • What kinds of outsourcing take place in your jurisdiction?
• • Describe the recent history of outsourcing in your jurisdiction. How well established is outsourcing? What is the size of the outsourcing market in your jurisdiction?

Policy

• • Has the government of your jurisdiction adopted policies to encourage the development of the jurisdiction as an outsourcing centre, either for the domestic market or to provide outsourcing services to foreign customers?
• • Are there in your jurisdiction any fiscal or customs incentives, development grants or other government incentives to promote outsourcing operations within your jurisdiction?

Legislation and regulation

• • Is outsourcing as a commercial or operational concept specifically recognised and provided for in your legal system? How?
• • Is there any legislation or regulation that directly prohibits, restricts or otherwise governs outsourcing, whether in (onshore) or outside (offshore) your jurisdiction?
• • What are the consequences for breach of the laws directly restricting outsourcing?
• • Describe any sector-specific legislation or regulation that applies to outsourcing operations.
• • How does competition regulation apply to outsourcing contracts or structures?
• • Are there any draft laws or legislative initiatives specific to outsourcing that are being developed or are contemplated?

Contractual considerations

• • What are the typical corporate or quasi-corporate structures or vehicles used to create outsourcing arrangements?
• • What forms of outsourcing contract are usually adopted in your jurisdiction?
• • Outline the contractual approaches that are adopted in your jurisdiction to address regulations affecting outsourcing.

Data protection

• • Identify the principal data protection legislation applicable to outsourcing operations.
• • How do rules on the ownership, location, processing and distribution of data apply to outsourcing in your jurisdiction?

Labour and employment

• • What is the relevant labour and employment legislation for outsourcing transactions?
• • In the context of an outsourcing, how does labour and employment law apply to a change in initial or subsequent service providers, or transfers of undertakings or parts of undertakings?
• • Are there any requirements to consult or negotiate with organised labour, works councils or employees regarding an outsourcing?
• • Are there any notification or approval requirements that apply to an outsourcing transaction?
• • What are the legal implications, including penalties, for non-compliance with the labour and employment rules and procedures?
• • What are the key immigration and visa requirements for employees of customers or providers entering your jurisdiction to manage outsourced operations or to receive or provide training?

Taxation

• • Outline the taxation rules that apply to the establishment and operation of outsourcing captives or similar establishments in your jurisdiction.
• • Outline the indirect taxes in your jurisdiction that apply to the import of offshore outsourcing services by companies within your jurisdiction.

Current issues

• • Identify and give details of any notable cases or administrative or regulatory determinations within the past three years in your jurisdiction that have directly involved outsourcing.
• • What are the main challenges facing outsourcing within, from or to your jurisdiction?