2nd Edition

Outsourcing IT - The Legal Aspects Planning, Contracting, Managing and the Law

By Rachel Burnett Copyright 2009

    Outsourcing has increased and developed immensely in scope, sophistication and ambition over the last twenty years - and continues to evolve. Information technology outsourcing is potentially highly complex and risk-laden, especially for the fast growing areas of business process and transformational outsourcing, and where whole departments or business areas are outsourced. Decisions taken by the customer at the outset have long term ramifications: they need to ensure that the processes are flexible enough to deal with change, maintain necessary levels of security, avoid abandoning management of key resources and prevent costs spiralling out of control. It is essential to have a good contract to meet such challenges. All these issues and others, such as intellectual property arrangements, the complexities of transferring staff, property and other assets, tendering procedures and performance monitoring, must not be ignored and are addressed in the second edition of Rachel Burnett's successful Outsourcing IT. Whether you are a supplier or a customer, it is vital to have a properly negotiated formal contract if you are entering into an outsourcing arrangement. A good contract needs careful planning and this book provides a comprehensive guide to the whole process. Well-planned and well-structured outsourcing arrangements, by well-informed and well-advised customers, are far more likely to work for both customer and supplier alike and Outsourcing IT - The Legal Aspects: Planning, Contracting, Managing and the Law is the perfect place to start.

    Introduction; Chapter 1 Contract Planning, Structuring and Negotiating; Chapter 2 Selecting a Supplier; Chapter 3 Public Procurement; Chapter 4 Services and Service Level Agreements; Chapter 5 Business Assets; Chapter 6 Human Resources; Chapter 7 Software; Chapter 8 Costs and Charges; Chapter 9 Management Liaison and Review; Chapter 10 Allowing for Change; Chapter 11 Confidentiality, Data Protection and Security; Chapter 12 Contract Duration, Termination and Transition Management; Chapter 13 Redressing Fault and Failure; Chapter 14 Offshore Outsourcing; Chapter 15 Conclusion;

    Biography

    Formerly a partner in City of London law firms specialising in IT and intellectual property, Rachel Burnett is now a solicitor with her own legal practice, Burnett, providing legal services relating to IT law, including outsourcing. Before her legal career, Rachel was an IT professional working for large corporate organisations in system development and project management. This background gives her a commercial understanding in solving legal problems. Rachel is also co-author of Drafting and Negotiating Computer Contracts, Second Edition, published by Butterworths and author of the IT Law Guides series published for the Institute of Chartered Accountants on a variety of legal topics. She is a former President of the British Computer Society, a former Chair of the Institute for the Management of Information Systems, and a livery member of the Information Technologists' Company. She is also an associate lecturer with the Open University.

    ’Don't let the legal part of the title scare you off - this is a readable guide to the current way outsourcing deals are done...Recommended.’ - John Garratt, IT Europa Reviews of first Edition: '...offers well informed and competent legal advice' Management Services '...easy to read and conversational...a useful primer' Supply Management '...a practical guide for any director or manager who is involved in outsourcing IT, written from first hand professional experience.' IMIS Journal '...should enable readers to set firm foundations under their outsourcing hall of cards.' Computer Weekly '...above all, this book comprises a practical approach to the complex issues which have to be addressed.' Library Association Record 'This handy volume signposts the pitfalls which are likely to be met most frequently, and provides a useful strategy for avoiding them.' New Law Journal ’...the clarity and thoroughness, the sense that in this book we have a writer completely in control of the subject matter, means that this is a book that can be an invaluable partner to anyone either remotely or closely involved in outsourcing...could literally save you much time and money.' Electronic Library '... anyone faced with an IT outsourcing exercise will obtain an excellent grounding from this book. It covers the issues thoroughly and effectively, while being well structured and eminently readable.' Managing Information '... well presented and easy to follow ... could be read by both lawyers and their clients.' IT Law Today 'For those who are wanting to find out more about outsourcing or who are stepping forward for the first time this book is going to be essential reading ... value for money because it is clearly written, informative and well produced. It will be a useful book for the professional academic and helpful background reading for the serious student. Time spent reading this book will be repaid in becoming