Insourcing of activities

When public activities are to be performed within the public sector rather than outside the public sector where it was previously performed, a number of practical and legal questions arise:

• where should the activities be carried out?
• who authorises the insourcing?
• which employees and expertise should be transferred?
• how to handle continuing contracts, existing leases etc.?
• how to deal with the remaining institution, foundation or private business?
• how to ensure that the activities are brought back in-house in a proper and appropriate manner?

Although there are common elements in the insourcing of public activities, there will always be differences and particular issues to take into account and address.

There is much difference, for example, between insourcing electricity and gas activities, art and culture activities and activities under the Danish Social Services Act (lov om social service). We know these differences and offer a customised solution.

With our assistance, the public activities will be soundly and effectively brought back in-house on the basis of a legal model that is appropriate and sustainable.

We include all elements in our insourcing assistance so that clients, stakeholders and other parties involved are considered at all stages. The outcome will be a model and a solution creating security and value.

The first step is to identify what to insource and to whom. Then a model for the transfer must be established and an appropriate process prepared as well as a legal quality check of all elements in the process.

We advise on all these aspects, including in relation to the handling of employees, contracting parties, other public authorities, process management etc.

We have advised on insourcing for many years and we combine our extensive specialist knowledge of the public administration in Denmark with our expertise in company law, foundations law, administrative law, labour and employment law, municipal law, finance law, EU law, public procurement law and contract law.

Contact one of our specialists for an informal talk of how we can help you prepare and implement effective compliance programmes for your organisation.