Outsourcing

“Knowledge and skills developed by complex IT outsourcing.”

Ever since the 1990’s, Dutch organizations have been outsourcing activities to suppliers. In the initial years it was often complete IT departments that were being outsourced, in which process much attention was paid to the transfer of the staff to the service provider and the drafting of service level agreements. These first-generation outsourcing still occur today, but in many cases the activities that had been outsourced before are now moved to a new supplier. The focus in this process is on shaping the cooperation (governance), preventing dependency and enhancing flexibility.

The position of the employees concerned remains an important point of attention. The question as to whether these employees will be transferred to the new supplier by operation of law will always depend on the circumstances and the way in which the deal with the new supplier is given shape.

The first outsourcing in the Netherlands

The Outsourcing team of Kennedy Van der Laan was involved in the first outsourcing in the Netherlands, and has assisted many clients and service providers since. The team’s expertise has been extended from IT outsourcing to all imaginable forms of outsourcing, especially business processes in financial administration, insurance policies, HR, catering and facilities management. The team has ample experience with outsourcing for regulated clients, such as banks, insurers and healthcare institutions.

Support in all aspects of outsourcing

We support our clients in all aspects of the outsourcing process, not only in the drafting and negotiating of the agreement(s) and the HR aspects. Our specialists in the field of privacy, financial supervision, competition and mergers and acquisitions are called in whenever this is necessary.

Chambers Europe 2017 – TMT – Band 1

What the team is known for Outstanding practice covering all aspects of IT, outsourcing, media and data protection. Also handles IT litigation, e-commerce, licensing and litigation. The media practice is particularly experienced in defamation, copyright and internet litigation. Recently the team has acted for several high-profile new clients, including Facebook and Vice Media.

Strengths One client considers the team to be “the best on media law in Holland” and describes the lawyers as “dedicated and specific.” 

Another client says the firm “understands the IT business and is familiar with the most recent IT developments.” The same source praises the “great team spirit within the law firm” as well as its “hands-on mentality,” which makes the team “very easy to work with.”

Work highlights Advised on complex IT integration issues relating to the merger of Ahold and Delhaize.

Defended Ziggo in three separate proceedings regarding requests for user data and information take-down requests.

Significant clients Siemens, ABN AMRO, Persgroep, Telegraaf Media Group, Viacom

Clients say Hester De Vries is “super at translating our demands into practical advice on data protection regulations and is really fantastic at converting thoughts into practical choices.” She is a renowned data protection specialist and advises clients from the healthcare and finance sectors.

Joost Linnemann advises on a range of technology and IT matters including outsourcing, software and IT-related litigation. Clients praise his “good knowledge, positive attitude and likeable character.”

Jens van den Brink acts for a mixture of broadcasters, newspapers and other media outlets, with a particular focus on contentious issues and defamation cases. He acted for NRC Media on a case against Ben Bot, a former Minister of Foreign Affairs. According to clients, he is “a very good adviser who pinpoints specific details in a question and is very quick and clear on communication.”

Clients value Christien Wildemans specialist knowledge with regard to media law and her “ability to handle high-pressure cases.” Recently active in contentious work, she handled various litigation matters for national newspapers including de Volkskrant and Het Parool.

Patrick Wit is praised by one client for his “quick in-depth analysis which helps me understand what I’ve missed.” He is primarily concerned with outsourcing deals, including transactional mandates. He advised VNAB on rules for an IT solution to be employed in the insurance sector. 


 

Chambers Europe 2016 – TMT – Band 1

What the team is known for Highly regarded for media, IT and outsourcing expertise, with growing strength in litigation and high-profile recent work regarding financial technology, media regulation and freedom of speech. Also noted for experience in privacy, defamation, e-commerce and licensing.

Strengths (Quotes mainly from clients)

“Kennedy Van der Laan has a good team. It provides a really complete approach – it went beyond the purely professional realm. I think on the whole the co-operation with the firm was excellent.”

“The lawyers have in-depth knowledge of the market and applicable laws, but are very good at keeping things simple for non-lawyers. I was very impressed by the quality and speed of their service.”

Work highlights Represented Telegraaf Media Group in a dispute against the NPO regarding whether data is protected by IP rights and the publication of that data.

Acted for KRO-NCRV on proceedings against Ryanair concerning broadcasts that criticised Ryanair’s safety culture.

Notable practitioners 

Hester De Vries specialises in data protection and privacy. Clients value her as a “sparring partner in showing us all scenarios and strategic routes.” She advised Vereniging van Zorgaanbieders voor Zorgcommunicatie on a dispute relating to its national electronic patient data exchange.

Jens van den Brink has been especially active recently in handling defamation and copyright disputes for broadcasters and newspapers. Clients say he is “very good, he knows what he is talking about and he always reacts very promptly.” He advised UPC Nederland on a dispute in which a German rights holder organisation was seeking to disclose the identity of UPC subscribers who had exchanged pirated movies.

Joost Linnemann is a strong IT and technology litigator and also advises on outsourcing and other IT projects, particularly regarding software. He has been recently active in the finance and healthcare sector. Clients value that he is “very knowledgeable and detail-focused.” He acted for Alert Life Sciences Computing on a dispute concerning the alleged failure to develop and implement electronic healthcare software.

Patrick Wit focuses primarily on outsourcing matters, and is also active in telecoms litigation. Clients appreciate his “great sense of humour and in-depth knowledge on every aspect of IT contracting. He’s very accessible too and very pleasant to work with.” He advised Vereniging Nederlandse Assurantie Beurs on an IT project in the insurance sector.

Christien Wildeman handles media disputes, particularly regarding defamation as it relates to journalists. Clients state that she is “quite sharp. I like working with her, she is always available.”She advised KRO-NCRV and CCCP on a dispute concerning the broadcasting of video recordings made within Media Markt premises.

Significant clients ABN AMRO, De Persgroep, Microsoft, NRC Media, Siemens.


 

Legal 500 EMEA 2017 – Information Technology – Tier 1

Joost Linnemann leads the team at Kennedy Van der Laan along with ‘resourceful’ outsourcing expert Patrick Wit. Clients include Koninklijke Ahold and Microsoft.


 

Legal 500 EMEA 2016 – Information Technology – Tier 1

Joost Linnemann heads up the department at Kennedy Van der Laan; he successfully defended Alert Life Sciences Computing against two customers’ claims that Alert failed to develop and implement software. The team is praised for its responsiveness, professionalism and value for money.

The Legal 500 Rankings 2017

The Legal 500 has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

13 april 2017 

Chambers and Partners Europe Rankings 2017

Chambers and Partners has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, Chambers and...

13 april 2017 

Supreme Court Put a StiPP to the Allocation Function

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09 november 2016 

Kennedy Van der Laan Only Non-British Firm Nominated for The Lawyer Business Leadership Awards 2016

Today, it was announced that Kennedy Van der Laan has been nominated for The Lawyer Business Leadership Awards 2016. With its ‘Alliance Community...

27 june 2016 

Kennedy Van der Laan Appoints Four Counsel

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14 january 2016 

Employment Law Attorney Ard Wallast Joins Kennedy Van der Laan

This month the employment law attorney Ard Wallast started at Kennedy Van der Laan. Ard (1982) advises clients mainly in the field of individual and...

31 august 2015 

Einschneidende Änderungen im Kündigungsrecht und bei flexiblen Arbeitsmodellen

Am 10. Juni 2014 hat das niederländische Parlament das Gesetz Arbeit und Sicherheit (niederländisch: Wet werk en zekerheid (WWZ)) angenommen. Das...

08 july 2014 

Supreme Court Confirms Rights of Employees in Transfer of Undertaking

The die is cast. On 5 April 2013, the Dutch Supreme Court rendered the long-awaited judgment in the case of Albron Nederland / FNV Bondgenoten et al....

24 april 2013 

Amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism as of 1 January 2013.

The Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme,...

21 february 2013 

Employer Also Responsible for Self-Employed Worker Without Employees?

Judgment of the Supreme Court, 23 March 2012, LJN BV0616 Summary The contractor runs a sole proprietorship in which he manufactures and repairs,...

26 april 2012 

Transfer of Undertaking: Permanently Seconded Employees Are Also Transferred

Court of Appeal of Amsterdam, 25 October 2011, LJN: BU1290 The Facts The personnel company Heineken Nederlands Beheer B.V. employs about 70...

31 january 2012 

Polish Posted Truck Drivers Fall Under CAO Declared Generally Binding

Subdistrict Court of Venlo, 10 August 2011, JAR 2011/234 The Facts Mr. Nico Mooy is sole shareholder and director of Mooy Oost Europa Service B.V....

06 december 2011 

Bill to Reinforce Position of Temporary Workers

A bill is required to implement the objectives set out in Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on...

28 october 2011 

What comes around, goes around: Albron to pay Heineken salaries (and Heineken to pay Albron salaries)?

Albron Catering BV v. FNV Bondgenoten and John Roest, European Court of Justice, case no. C-242/09, 21 October 2010 The Albron case made headlines...

03 december 2010 

Decision Manifestly Unreasonable: Outsourcing More Expensive than Existing Situation

Court of Appeal of Amsterdam (Enterprise Section), 12 July 2010 The Ministry of Public Housing, Spatial Planning and the Environment ("the...

30 september 2010 

Shifting Rationales for Outsourcing

Outsourcing has traditionally been seen as a mechanism to cut costs. Those costs consist primarily of the salaries and other benefits payable to...

11 september 2009 

Outsourcing - Route to the Netherlands

The initial analyses of the economic crisis indicated that outsourcing would increase significantly as businesses rushed to save costs. However, this...

01 september 2009 
Patrick Wit

Patrick Wit

Attorney at law, Executive Board, Partner

  • Patrick Wit https://kvdl.com/our-people/patrick-wit-2/ Attorney at law, Executive Board, Partner +31 20 5506 642 patrick.wit@kvdl.com http://www.linkedin.com/pub/patrick-wit/3/768/b53
  • Reinoud Westerdijk https://kvdl.com/our-people/reinoud-westerdijk/ Attorney at law, Partner +31 20 5506 638 reinoud.westerdijk@kvdl.com http://www.linkedin.com/pub/reinoud-westerdijk/4/671/66
  • Otto Sleeking https://kvdl.com/our-people/otto-sleeking/ Attorney at law, Counsel +31 20 5506 831 otto.sleeking@kvdl.com http://www.linkedin.com/pub/otto-sleeking/3/210/b56
  • Joost Schmaal https://kvdl.com/our-people/joost-schmaal/ Attorney at law +31 20 5506 883 joost.schmaal@kvdl.com http://nl.linkedin.com/in/joostschmaal