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 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.

Notable practitioners 

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

Within Information technology, Kennedy Van der Laan is a first tier firm, 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.

Chambers Europe 2014 – TMT – Band 1

What the team is known for Experienced IT team with an impressive record of advising on international privacy mandates. Acclaimed for its understanding of defamation and freedom of speech matters in the media field, and also handles regulatory and copyright issues. Clients include broadcasters, publishers and newspapers.

Strengths (Quotes mainly from clients) “The real talent of the team is its ability to work under extreme pressure and still get the job done.”

“For media-related litigation it is at the top of the league. The team has a very strong track record in these matters, varied experience and deep knowledge of the area.”

“The team has excellent knowledge of the relevant legal fields combined with great business understanding.”

What’s new? NRC Media and De Persgroep Publishing are among the firm’s new clients.

Work highlights Represented TMG in a litigation against Dutch TV broadcasters concerning the attempted publication by the client of a weekly TV guide.

Represented KRO in defamation proceedings.

Notable practitioners Clients say Joost Linnemann “brings things to the table in an extremely clear way and is very strong at thinking strategically and assisting us to move forwards in the process.” He is noted for his work on international projects.

Practice group head Patrick Wit “is a very business-oriented lawyer who brings good advice and experience to projects,” say market observers. He handles outsourcings, telecoms projects and litigation.

Jens van den Brink has an excellent reputation for media projects, particularly unlawful publications and freedom of speech matters. “He is very easy to work with, hands-on in his approach and provides good, practical advice,” say clients.

“We were very impressed with Christien Wildeman and the way she prepared and handled our case,” enthuse clients, adding: “She always has a strong argument and clearly really knows the background of the matter.”

Hester de Vries “is one of the best on the market for privacy matters,” say respondees. Her clients include international banks and infrastructure operators.

Significant clients Audax Publishing, De Persgroep, IDTV, PowNed, Reed Business.

Legal 500 EMEA 2014 – Information Technology – Tier 1

Kennedy Van der Laan’s ‘practical and business-minded’Patrick Wit heads the practice, with the ‘highly experienced and knowledgeable’ Joost Linnemann advising on data protection and projects work. Reinoud Westerdijk handles licensing and cloud computing matters.

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, Executive Board, Partner

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