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An Outsourcing Agreement sets out the terms when a company transfers specific business functions to an external service provider in Switzerland. It covers essential details like service levels, data protection requirements, and performance metrics while following FINMA guidelines for financial institutions and Swiss Code of Obligations requirements.

Beyond basic service terms, these agreements must address Swiss-specific concerns around employee transfers, data privacy under the FADP, and business continuity planning. The contract typically includes clear procedures for monitoring service quality, managing risks, and maintaining compliance with Swiss regulatory standards - especially important when outsourcing core business processes.

Consider an Outsourcing Agreement when transferring business functions like IT services, back-office operations, or specialized processes to external providers in Switzerland. This becomes essential when your company needs to focus on core competencies while ensuring cost efficiency and maintaining service quality standards.

The agreement becomes particularly important for Swiss financial institutions subject to FINMA regulations, businesses handling sensitive customer data under FADP requirements, or companies outsourcing critical operations. Use it to establish clear performance metrics, define liability boundaries, and ensure compliance with Swiss regulatory requirements before any service transfer begins.

• Full-Service IT Outsourcing: Comprehensive agreements covering entire technology infrastructure, including data centers, network management, and support services
• Business Process Agreements: Focus on specific operational functions like HR, accounting, or customer service with detailed Swiss compliance requirements
• Manufacturing and Supply Chain: Cover production outsourcing with quality control standards and intellectual property protections under Swiss law
• Professional Services: Target specialized expertise needs with clear deliverables and performance metrics
• Cloud Services Agreements: Address data privacy, security, and sovereignty requirements under Swiss FADP regulations

• Client Companies: Swiss businesses that need to outsource specific functions while maintaining control over quality and compliance
• Service Providers: External vendors or contractors who deliver the outsourced services under Swiss regulatory frameworks
• Legal Counsel: Internal or external lawyers who draft and review Outsourcing Agreements to ensure FINMA compliance
• Compliance Officers: Monitor adherence to data protection and regulatory requirements throughout the outsourcing relationship
• Project Managers: Oversee implementation and ongoing management of outsourced services defined in the agreement

• Scope Definition: List all services to be outsourced, including performance metrics and quality standards
• Provider Assessment: Gather information about the service provider's capabilities, certifications, and compliance with Swiss regulations
• Data Protection: Document how sensitive information will be handled under FADP requirements
• Service Levels: Define specific KPIs, reporting requirements, and response times
• Risk Analysis: Identify potential operational risks and necessary mitigation measures
• Contract Terms: Our platform helps generate comprehensive agreements that include all required elements under Swiss law

• Service Description: Detailed scope of outsourced activities and performance standards aligned with Swiss business law
• Data Protection: FADP-compliant provisions for handling personal and confidential information
• Security Measures: Technical and organizational safeguards required under Swiss regulations
• Liability Provisions: Clear allocation of responsibilities and risk between parties
• Termination Rights: Exit conditions and transition arrangements following Swiss Code of Obligations
• Regulatory Compliance: FINMA requirements for financial institutions and audit rights
• Governing Law: Swiss law application and jurisdiction specifications

An Outsourcing Agreement differs significantly from a Contractor Agreement in several key aspects, though both involve external service provision. Understanding these differences is crucial for Swiss businesses to choose the right agreement format.

• Scope and Duration: Outsourcing Agreements typically cover entire business functions or processes on a long-term basis, while Contractor Agreements focus on specific, time-bound projects or tasks
• Integration Level: Outsourcing involves deeper integration into company operations, often requiring access to systems and data, whereas contractors usually work more independently
• Regulatory Requirements: Outsourcing Agreements must meet strict FINMA guidelines and FADP compliance requirements, particularly for data handling and business continuity
• Control Mechanisms: Outsourcing includes comprehensive service level agreements and performance metrics, while Contractor Agreements typically focus on deliverables and milestones