EMW offers you support in the review, drafting and negotiations in connection with matters such as outsourcing, functional procurement, cloud services and e-commerce. We can support you in matters related to RFQ (Request for Quotation) and procurements. We can provide bespoke standard agreements that you as our client can continue to use without further support – and also customer specific contracts for deals needing specific adaptation.
Outsourcing is a concept often used as a combined term for a number of different business models, such as functional procurement and cloud services. Traditional outsourcing, where the supplier overtakes the client’s IT operations and environment, includes in most cases a far-reaching commitment to secure the supplier’s investment. Some key aspects to consider when it comes to outsourcing are regulating the overtake of such operations, the procurement of services and functions license rights, who decides over the environment and introduction of corrections, the possibility of further developments and SLA’s (Service Level Agreements) and, the expiration or termination of the agreement. The term of the agreement is often long and it can therefore be very important to find price models that secure a competitive price level over time.
Companies wishing to control their IT environment on an application level, whilst at the same time avoiding costly investments in infrastructure, often contract on hosting services. The company then provides and maintains their hardware and software whereby a supplier of hosting services provides premises, electricity, certain surveillance, security etc. In these cases the SLA (Service Level Agreement) regulating the operational commitment for servers, service desk, service levels, surveillance and incident handling become increasingly important.
The use of a program or other right is typically regulated in a license agreement, for example how long and under which commercial conditions the right may be used. The procurement of licenses is often combined with maintenance, support and further development but also with hosting services.
IT services provided over the internet, such as storage of data and e-mails is often called “cloud services” or cloud computing. The service essentially equates to the procurement of hosting services. An attractive price model is facilitated through standardization and the supplier regulating from where and how the cloud service is delivered and packaged. Data is often stored outside EU/EEA and therefore a specific regard needs to be given to the handling of personal data. As the client’s information is spread geographically and the change of systems will lead to adjustments, regulating the parties commitments at the time of contract expiration will become critical.
Integrity and Personal Data
Information about users and customers is a valuable asset. EU has one of the strongest protective regulations for personal data in the world and GDPR must at all times be considered and adhered to. Personal data is anything which can identify live person. Personal data must be handled and dealt with in traditional agreements as well as in the collection of such data and in a number of different situations.