OUTSOURCING LAW

Insights on Effective Outsourcing from Bierce & Kenerson, P.C.


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Government Regulators

 

Regulated Industries

Regulated industries such as airlines, shipping, banking, insurance, and the like depend on external services.  Regulators generally have a mission to ensure the safe, efficient, continuous and predictable provisioning of external services that support the regulated enterprises.  

Regulatory authorities generally view outsourcing with a balanced view. On balance, outsourcing as a management tool is neither good or bad, but that it may be effective or ineffective depending on the structure, planning, transition management, ongoing supervision and governance. Indeed, the dependencies and infrastructure services developed by outsourcing may be of critical importance.

Regulated industries should consult with their regulators on the parameters necessary for them to obtain regulatory consent to outsourcing.  Many regulators have mandate the adoption of certain procedures and inclusion of specific protections for the benefit of the enterprise customer.

General Governmental Regulation

Virtually every enterprise is subject to governmental regulation. Such regulation is designed to promote compliance with governing laws and regulations, promote efficient and sound markets, eliminate unfair or predatory competition, protect workers, consumers and capital-market investors, and support the core governmental functions (tax collection, education, environment, etc.).

 

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