Simon Hodgett, Wendy Gross
Aug. 10, 2017
Canadian businesses that engage in cross-border outsourcing activities must be cognizant of the regulatory framework in which they operate. While there are no national laws in Canada that specifically regulate outsourcing transactions, your business should understand the various guidelines and requirements that might apply to these transactions in order to mitigate risk.
The Office of the Superintendent of Financial Institutions Canada’s (OSFI) Guideline B-10 regulates outsourcing in the financial services sector and is viewed as a useful guideline for risk management for outsourcing in other sectors. In addition, there are many other factors your business should consider when engaging in cross-border outsourcing activities.
In the Canada chapter of The International Comparative Legal Guide to: Outsourcing 2017, 2nd Edition, authors Simon Hodgett and Wendy Gross, partners in Osler’s Technology Practice Group, offer in-depth explanations of outsourcing transactions within the Canadian framework, providing valuable insight on the following topics:
- Regulatory framework
- Legal structure
- Procurement process used to select a supplier
- Term of an outsourcing agreement
- Charging methods used in outsourcing transactions
- Transfer of assets
- Employment Law
- Data protection issues
- Tax issues
- Service levels and customer remedies
- Termination of an outsourcing agreement
- Intellectual Property and liability
- Dispute resolution and good faith
DOWNLOAD PDF: Legal Guide to Outsourcing 2017
This section appears in The International Comparative Legal Guide to: Outsourcing 2017, 2nd Edition, published by Global Legal Group Ltd, London.