TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
In business process outsourcing (BPO) transactions, some of the toughest negotiation points often involve responsibility for compliance with applicable laws and regulations.
Towards the end of 2018 we ran a series of Contract Corner blog posts on the GDPR and Data Processing Addendums.
Morgan Lewis will co-host an interactive master workshop on negotiations and contracting geared toward business leaders, sourcing professionals, and in-house counsel who work together on complex transactions such as digital transformations and vendor outsourcing.
The process of “going digital” has drastically affected the outsourcing market in recent years.

As 2018 comes to a close, we have once again compiled all the links to our Contract Corner blog posts, a regular feature of Tech & Sourcing @ Morgan Lewis. In these posts, members of our global technology, outsourcing, and commercial transactions practice highlight particular contract provisions, review the issues, and propose negotiating and drafting tips. If you don’t see a topic you are interested in below, please let us know, and we may feature it in a future Contract Corner.

In this Part 2, we take a detailed look at some of the commercial issues arising from DPAs, the GDPR’s mandated contract requirements.
Although the EU’s General Data Protection Regulation (GDPR) has been in force for more than six months, many organizations are still getting to grips with some of the practical requirements, including ensuring that their contracts comply with Article 28, which mandates a number of key clauses if personal data is being processed under the service agreement.
The United Kingdom government’s Cabinet Office (the central procurement department for central government) is requiring major government suppliers to draft “living wills.”
A significant fine imposed by the UK’s Financial Conduct Authority (FCA) on an established UK insurer is further evidence of the increased scrutiny being placed on outsourcing arrangements by the financial services regulator, and also of the importance the regulator places on issues that directly impact retail customers.
A shrinking in traditional outsourcing deal volumes since the United Kingdom's EU membership referendum vote on June 23, 2016, is being partially attributed to business caution following the “Brexit” decision.