Outsourcing of activities

When public activities are to be carried out outside the public sector, a number of practical and legal questions arise:

• where should the activities be carried out and what is the legal structure to be?
• which employees and expertise should be made available?
• how to handle the financing?
• how to ensure that the activities are properly and appropriately carried out?

Although there are common elements in the outsourcing of public activities, there will always be differences and particular issues to take into account and address.
There is much difference, for example, between outsourcing piloting services and activities under the Danish Social Services Act (lov om social service) or the Danish Active Employment Policy Act (lov om aktiv beskæftigelsespolitik). We know these differences and offer a customised solution.

With our assistance, the public activities will be outsourced in a manner that is financially sound and based on an appropriate and sustainable legal model.

We will involve all elements in our outsourcing assistance so that clients, stakeholders and other parties involved are considered in the process. The outcome will be a model and a solution creating security and value.

The first step is to identify what to outsource 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 outsourcing for many years and we combine our 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, appropriations law, public procurement law, state aid law, EU law and contract law.