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IT & Outsourcing

Accura is one of Denmark's leading advisors with regard to IT and Outsourcing

Practice Areas

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“One of the best teams in Northern Europe”

TMT - Chambers, 2016

“Accura’s team provides ‘solid and valuable advice’”

Information Technology - Legal 500, 2016

“A particularly strong outsourcing practice”

Information Technology - Legal 500, 2015

“An extremely professional team that leaves us highly impressed”

TMT - Chambers Europe, 2012

“This firm is well known for its strength in IT and telecoms”

TMT - Chambers Europe, 2012

“The firm advises some of the biggest telecommunications providers in the market”

TMT - Chambers Europe, 2011

“The team offers fast response times, great business and industry knowledge, great value for the money”

IT - Legal 500, 2010


Our advisory services on IT and outsourcing


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Outsourcing

Accura is one of Denmark's leading advisors in outsourcing, including business process outsourcing (BPO).

In January 2017 Accura was recognized as "Outsourcing Law Firm of the Year in Denmark" by Corporate Intl. Magazine for the fourth year running. The recognition is awarded primarily due to feedback from and interviews with legal partners, management and in-house counsel of Danish and international public and private businesses and the readership of Corporate Intl. Magazine. Furthermore, Accura has been recognized as "Outsourcing Law Firm of the Year - Denmark" in 2017 by The Global 100 due to our involvement in the largest and most complex cases in the industry.

In recent years, we have assisted listed and non-listed companies, banks, pension funds and trade unions in connection with outsourcing projects from small defined projects to cross-border projects covering a wide range of countries, and we have assisted in connection with  the majority of the existing BPO projects for offshoring of financial and accounting functions.

Outsourcing is a discipline that requires skills and experience in process management and the handling of complex contractual regulation. We mainly focus on interdisciplinary discussions of the business case, ensuring efficient and safe management of the process so that the contract especially supports the reduction of risks and the optimisation of the potential efficiency gains.

Depending on the legal or business requirements to which the customer's or supplier's outsourcing project is subject, the project is either completed in a formal tender process  subject to the procurement rules or just similar principles  or in a dedicated negotiation process between the two parties, possibly after obtaining comparable commercial key terms from the market in a structured benchmark process.

Our team consists of experienced specialist lawyers, several of which also have financial backgrounds and in-house experience with customers as well as several of the leading IT and outsourcing suppliers. This ensures that we have a balanced and updated knowledge about specific solutions and market standards.

Typical examples of advice regarding outsourcing concerns:

  • Outsourcing of IT infrastructure and associated functions
  • Outsourcing of business processes
  • Outsourcing of a business area
  • Assessments of opportunities and constraints in relation to specific legislative requirements of a general or industry-specific nature, including personal data legislation and CSR, but also specific rules on monitoring, reporting and security in for example the financial sector, telecom industry, pharmaceutical industry, etc.
  • Transfer of assets including transfer of property, equipment and rights
  • Management of third party contracts and suppliers
  • Transfer of employees
  • KPI’s and SLA regime and optimization of the commercial model
  • Planning and managing the tender process for both private and public customers
  • Contract management over the term of the agreement
  • Dispute resolution, including independent expert reports, mediation, litigation and arbitration and the exercise of duties as arbitrator

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IT

Accura has one of the largest specialist groups within IT law. 

Several of our legal specialists also have finansial backgrounds, and in-house experience from several of the largest IT suppliers and customers. Based on our industry knowledge and updated insight into the available business models and terms, we have a long track record of successful negotiations, where the legal risk is mitigated while the commercial efficiency gains with respect to both the direct price and the contract adjustment mechanisms.

Our specialist team has experience in advising and negotiating of all types of IT contracts and is able to manage and plan the procurement processes to achieve the most favourable legal and commercial outcome for both private customers and customers who are subject to the procurement rules.

Our specialists mainly provide legal services within the following areas:

  • IT infrastructure hosting agreements
  • System acquisitions, including in particular CRM and ERP systems
  • Maintenance agreements
  • Purchase agreements, including the establishment of procurement communities
  • Partner and distributor agreements
  • Software licence agreements
  • Licence optimisation and auditing
  • E-commerce and supply chain optimisation
  • Big data and Business Intelligence solutions
  • Outsourcing of IT 
  • Dispute resolution, including the independent expert reports, mediation, litigation and arbitration and the exercise of duties as arbitrator

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Technology Agreements

As a result of the technological development, new products are increasingly complex, and the intellectual property rights related to both the final product and the production methods are spread between many parties. This imposes very high demands on the contractual regulation throughout the value chain from idea to the final product.

Our specialists have in-depth experience with the drafting and negotiation of rights-based agreements, which require thorough understanding of the technology and the commercial framework are essential requirements in order to achieve an expedient regulation for our customers.

Typical agreements that we provide advice on:

  • Research & development agreements with both industrial partners and public institutions
  • Projects with public funding (e.g. The Advanced Technology Foundation, The Strategic Research Council, FP7)
  • Manufacturing agreements, including OEM agreements
  • Licence agreements
  • Distribution agreements

 


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Telecom

For many years, Accura has assisted both telecoms operators and some of the world's largest providers of telecommunications services. Therefore, we have obtained experience in both regulatory advice and communication with the authorities in relation to telecommunications and broadcasting, as well as the special contracts within the telecommunications industry.

Typical examples of advice:

  • Preparation and negotiation of managed service agreements and other outsourcing agreements
  • Preparation and evaluation of tender documents, bids and awards
  • Preparation and evaluation of industry-specific types of contracts such as agreements on content services to mobile telecommunication and broadcasting equipment, fiber-sharing agreements, etc.
  • M&A within the telecoms sector

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Personal Data Law

Personal data law has been the subject of increased focus in recent years, particularly because of the technological development resulting in an increase in the registration and processing of personal data. This focus is likely to continue in future, in particular also due to expected changes at EU level, including increased level of sanctions for non-compliance. In addition, data protection law poses certain challenges to the use of technological solutions such as cloud and the use of big data which in future is likely to be used to an even greater extent than today.

Our data protection law experts have experience in advising on virtually all aspects of data protection law, including special rules and special legislation in particular concerning trade unions, the health and financial sectors as well as links to the restrictions set out in the Marketing Practices Act on the use of customer data.

Typical examples of our legal advice on data protection law concern:

  • Transfer of personal data to countries outside the EU, including in relation to outsourcing
  • Transfer of personal data in connection with business transfers, including due diligence investigations concerning data protection law
  • Intercompany transfer of employee and customer data
  • Processing of personal data in the cloud, e-commerce, subscription systems or other IT solutions
  • Setup of databases
  • Notifications to and obtaining of permits from the Danish Data Protection Agency
  • Dialogue with and conducting cases before the Danish Data Protection Agency
  • Assistance concerning binding corporate rules and whistleblower schemes
  • Filing, storage and deletion of personal data
  • Drafting of privacy policies, data processor instructions and data processor agreements, cookie policies and terms of use of websites.


In addition, our advice often concerns the processing of personal data across countries in different legal systems, e.g. in connection with e-commerce and outsourcing.

Contact

René Thornfeldt
René Thornfeldt

Partner, Attorney-at-Law

Phone: +45 3945 2908
Mobile: +45 3078 6708
rene.thornfeldt@accura.dk