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Outsourcing Service Agreement

Outsourcing Service Agreement Template for Germany

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Key Requirements PROMPT example:

Outsourcing Service Agreement

"I need an Outsourcing Service Agreement under German law for outsourcing our IT helpdesk services to a third-party provider based in Munich, with service commencement planned for March 2025 and specific requirements for 24/7 support and GDPR compliance."

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Document background
The Outsourcing Service Agreement is designed for businesses seeking to formalize their outsourcing arrangements under German law. It is particularly relevant in today's business environment where companies increasingly focus on core competencies while outsourcing supporting functions to specialized service providers. This agreement addresses critical aspects required under German legislation, including compliance with the German Civil Code (BGB), data protection laws (GDPR and BDSG), and sector-specific regulations where applicable. It provides a comprehensive framework for managing the outsourcing relationship, from service delivery and performance management to risk allocation and termination procedures. The document is structured to accommodate various types of outsourced services while ensuring compliance with mandatory German legal requirements and industry best practices.
Suggested Sections

1. Parties: Identification of the contracting parties (service provider and customer)

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided, including service levels and performance standards

5. Term and Termination: Duration of the agreement, renewal terms, and termination rights

6. Service Provider's Obligations: Key responsibilities and commitments of the service provider

7. Customer's Obligations: Key responsibilities and commitments of the customer

8. Charges and Payment: Pricing, payment terms, invoicing procedures, and price adjustment mechanisms

9. Governance and Contract Management: Management structure, reporting requirements, and performance review processes

10. Data Protection and Security: GDPR compliance, data processing terms, and information security requirements

11. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created IP

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

14. Force Majeure: Events excusing performance and related procedures

15. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Employee Matters: Required if the outsourcing involves transfer of employees or significant HR implications

2. Transition Services: Needed if complex implementation or transition phase is required

3. Business Continuity and Disaster Recovery: Required for critical services or when mandated by industry regulations

4. Change Control: Recommended for long-term or complex service arrangements

5. Compliance with Specific Regulations: Required for regulated industries (e.g., financial services, healthcare)

6. Step-in Rights: Recommended for critical services where customer may need to take control

7. Exit Management: Required for complex services or where transition back/to new provider needs detailed planning

8. Anti-Corruption and Ethics: Recommended for international arrangements or when dealing with public sector

9. Insurance: Required when significant operational risks are involved

10. Subcontracting: Required if service provider will use subcontractors

Suggested Schedules

1. Service Description: Detailed technical and operational description of services

2. Service Levels and KPIs: Specific performance metrics, measurement methods, and remedies

3. Pricing and Charging Model: Detailed pricing structure, rates, and calculation methods

4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures

5. Governance Procedures: Detailed procedures for contract management and escalation

6. Technical Requirements: IT infrastructure, security requirements, and technical specifications

7. Personnel and Key Staff: Key personnel requirements, qualifications, and replacement procedures

8. Transition Plan: Detailed implementation/transition timeline and responsibilities

9. Business Continuity Plan: Disaster recovery procedures and business continuity requirements

10. Exit Plan: Detailed procedures for contract termination and service transfer

11. Approved Subcontractors: List of approved subcontractors and their responsibilities

12. Form of Reports: Templates and formats for required reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



















































Clauses








































Relevant Industries

Information Technology

Financial Services

Manufacturing

Healthcare

Telecommunications

Retail

Automotive

Energy

Professional Services

Logistics

Public Sector

Insurance

Relevant Teams

Legal

Procurement

Operations

Information Technology

Finance

Risk Management

Compliance

Project Management

Vendor Management

Service Delivery

Information Security

Data Protection

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Chief Information Officer

Chief Technology Officer

Head of Procurement

Head of Legal

General Counsel

Procurement Manager

Contract Manager

Operations Director

IT Director

Sourcing Manager

Vendor Manager

Legal Counsel

Risk Manager

Compliance Officer

Project Manager

Service Delivery Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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