Outsourcing Agreement for Malta

Outsourcing Agreement Template for Malta

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Outsourcing Agreement

"I need an Outsourcing Agreement governed by Maltese law for IT managed services, including cloud hosting and cybersecurity services, that complies with financial services regulations as we are a licensed financial institution, with services to commence from March 2025."

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What is a Outsourcing Agreement?

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.

What sections should be included in a Outsourcing Agreement?

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

What sections are optional to include in a Outsourcing Agreement?

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

What schedules should be included in a Outsourcing Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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