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 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 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.
Chambers Europe 2015 – TMT – Band 1
What the team is known for Market-leading IT practice spanning litigation, outsourcing and acquisitions. Notable expertise in data protection. The media team is strong in litigation, notably disputes related to freedom of expression and defamation.
Strengths (Quotes mainly from clients)
“The team responds quickly and offers good strategies to choose between.”
“The lawyers are very responsive, practical and hands-on.”
What’s new? Added CGI, De Telegraaf, NCRV, Q-Music and Siemens as clients.
Work highlights Representing Telegraaf Media Group in a claim brought by NPO relating to De Telegraaf’s publication of a weekly TV guide.
Assisted Alert/Hiscox with proceedings against five Dutch hospitals related to a failed IT project worth EUR20 million.
Jens van den Brink leads the media team, specialising in defamation and unlawful publication. Clients value his litigation expertise, practical advice and the fact that “he can always give you a solution.”
Hester De Vries is a renowned privacy and data protection expert. She advises clients on compliance, litigation and investigations and is widely described as “one of the best in the field.”
Patrick Wit heads the technology and telecoms practices. He has particular expertise in outsourcings and is admired for his ability to navigate complex supply chains.
Joost Linnemann has a strong track record on technology disputes. Sources are quick to highlight his “excellent analytical and interpersonal skills.”
Rising star Christien Wildeman focuses on freedom of expression, defamation and IP issues. “She understood what we were fighting for and really knows the media industry,”enthuse clients.
Significant clients Capgemini, De Persgroep, Royal Ahold, Microsoft, NRC Media, UPC.
Legal 500 EMEA 2015 – Information Technology – Tier 1
Kennedy Van der Laan’s team is ‘highly experienced and highly specialised in IT’. The outsourcing practice, which is led by Patrick Wit, recently assisted Liberty Global with the drafting of outsourcing agreements. Martine de Koning heads the department. Patrick Wit is widely recommended.
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