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
- Hester De Vries (Band 1)
- Joost Linnemann (Band 2)
- Jens van den Brink (Band 1)
- Christien Wildeman (Band 3)
- Patrick Wit (Band 2)
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 Wildeman‘s 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.
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
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.
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