The Outsourcing Agreement is essential for businesses operating in Malta who wish to delegate certain functions or services to external providers while maintaining regulatory compliance and operational efficiency. This document is particularly relevant given Malta's position as a hub for financial services, gaming, and technology companies, where outsourcing arrangements must comply with both local and EU regulations. The agreement covers crucial elements such as service levels, data protection, regulatory compliance, risk management, and operational controls, while adhering to Maltese legal requirements and industry-specific regulations. It is designed to protect both parties' interests while ensuring transparency and accountability in the outsourcing relationship.
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1. Parties: Identification of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and high-level business objectives
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Overview of services to be provided, with detailed specifications referenced in schedules
5. Term and Termination: Duration of agreement, renewal provisions, and termination rights
6. Service Provider Obligations: Key obligations including service levels, reporting, and compliance requirements
7. Customer Obligations: Customer responsibilities, including cooperation and access requirements
8. Charges and Payment: Pricing, payment terms, invoicing, and fee adjustment mechanisms
9. Governance and Service Management: Service management structure, meetings, escalation procedures
10. Data Protection and Security: GDPR compliance, data processing terms, security requirements
11. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnities: Limitation of liability, indemnification obligations, insurance requirements
14. Force Majeure: Events excusing performance, notification requirements, consequences
15. General Provisions: Standard boilerplate clauses including notices, amendment process, governing law
1. Regulatory Compliance: Required for regulated sectors like financial services, including specific compliance obligations
2. Staff Transfer Provisions: Include when the outsourcing involves transfer of employees under Maltese employment law
3. Business Continuity and Disaster Recovery: Required for critical services or when mandated by regulatory requirements
4. Step-in Rights: Include for critical services where customer may need to take over operations
5. Anti-Bribery and Corruption: Include for international arrangements or when dealing with public sector
6. Environmental and Social Responsibility: Include when relevant to customer's CSR policies or industry requirements
7. Subcontracting: Include when service provider may need to subcontract certain services
8. Exit Management: Detailed exit provisions for complex services requiring significant transition
1. Service Description: Detailed description of services, deliverables, and technical requirements
2. Service Levels and KPIs: Specific service levels, measurement methods, and remedies for failure
3. Charges: Detailed pricing structure, rate cards, and payment mechanisms
4. Customer Dependencies: Detailed list of customer-provided items, facilities, and assistance
5. Governance Procedures: Detailed procedures for service management, reporting, and escalation
6. Security Requirements: Specific security standards, protocols, and compliance requirements
7. Business Continuity Plan: Detailed continuity and disaster recovery procedures
8. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
9. Exit Plan: Detailed procedures for service transition or termination
10. Key Personnel: List of key personnel and their roles from both parties
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Information Technology
Gaming and Gambling
Professional Services
Healthcare
Manufacturing
Telecommunications
E-commerce
Logistics and Supply Chain
Business Process Outsourcing
Relevant Teams
Legal
Procurement
Operations
Compliance
Risk Management
Information Technology
Finance
Human Resources
Project Management
Vendor Management
Business Development
Information Security
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Chief Technology Officer
Head of Legal
Head of Procurement
Head of Compliance
Head of Risk Management
Operations Director
Procurement Manager
Contract Manager
Legal Counsel
Compliance Officer
Risk Officer
Project Manager
Vendor Manager
Operations Manager
Business Development Manager
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