Legal / Law Training Course on Legal Aspects of Outsourcing & Offshoring Contracts

Module 1: Introduction to Outsourcing & Offshoring Contracts
Overview:
Provides foundational knowledge of outsourcing and offshoring arrangements and their legal implications.
Subtopics:
Types of outsourcing and offshoring agreements (IT, business processes, services)
Key contractual principles and structures
Domestic and international regulatory frameworks
Roles of service providers, clients, and regulators
Emerging trends in global outsourcing
Practical Focus:
Case study: Analyze a standard outsourcing contract to identify key legal provisions and obligations.

Module 2: Service-Level Agreements (SLAs) and Performance Metrics
Overview:
Focuses on defining and enforcing service expectations in contracts.
Subtopics:
Drafting clear and measurable SLAs
Performance monitoring, reporting, and penalties for non-performance
KPIs and benchmarks in outsourcing agreements
Termination clauses related to SLA breaches
Remedies and escalation procedures
Practical Focus:
Exercise: Draft SLA clauses with performance metrics, remedies, and escalation procedures.

Module 3: Intellectual Property, Confidentiality & Data Protection
Overview:
Covers IP, confidentiality, and compliance requirements in outsourcing contracts.
Subtopics:
Ownership and licensing of IP created in outsourced work
Confidentiality and non-disclosure obligations
Data protection and privacy compliance (e.g., GDPR, local laws)
Cross-border data transfer considerations
IP enforcement and dispute management
Practical Focus:
Workshop: Draft IP, confidentiality, and data protection clauses for an outsourcing contract.

Module 4: Risk Management and Dispute Resolution
Overview:
Focuses on mitigating risks and resolving conflicts in outsourcing relationships.
Subtopics:
Identifying contractual, operational, and regulatory risks
Limitation of liability and indemnity clauses
Multi-tier dispute resolution: negotiation, mediation, arbitration, litigation
Governing law and jurisdiction considerations in cross-border contracts
Case studies on outsourcing disputes and resolution strategies
Practical Focus:
Simulation: Develop a risk management and dispute resolution strategy for a cross-border outsourcing contract.

Module 5: Emerging Issues and Best Practices
Overview:
Examines trends, challenges, and strategies for effective outsourcing contract management.
Subtopics:
Cloud services, digital outsourcing, and emerging technologies
Vendor selection, audits, and compliance monitoring
Contract amendments, renewals, and change management
Ethical, regulatory, and compliance considerations
Best practices for successful outsourcing relationships
Practical Focus:
Group exercise: Draft a comprehensive outsourcing contract incorporating best practices, risk mitigation, and SLA frameworks