Best Outsourcing Lawyers in Thivais

About Outsourcing Law in Thivais, Greece

Outsourcing in Thivais operates within the national legal framework of Greece and the European Union. There is no separate city level outsourcing statute. Instead, projects in Thivais rely on Greek civil law for contracts, Greek and EU employment rules, EU data protection rules, intellectual property protection, competition and public procurement requirements, and sector specific supervision for financial services and other regulated industries. Because Thivais is in the regional market of Boeotia and close to Athens, many providers and customers work cross regionally or cross border within the EU, which adds data protection and tax considerations.

This guide provides general information for businesses and individuals who plan to outsource services such as IT support, software development, customer service, facilities management, logistics, payroll, or specialized professional services. It is not legal advice. Laws and guidance evolve, and sector specific rules may apply. Consult a qualified Greek lawyer for tailored advice.

Why You May Need a Lawyer

Planning and negotiating an outsourcing deal touches multiple legal areas. A lawyer can help you identify and manage risk before it becomes costly. Common situations where legal help is useful include:

Structuring the deal and drafting the contract. You will want clear service descriptions, service level agreements, credits and remedies, change control, pricing mechanisms, benchmarking, and exit assistance. A lawyer ensures these clauses are enforceable under Greek law.

Protecting data and confidential information. Outsourcing often involves processing personal data. You will likely need a GDPR compliant data processing agreement, security requirements, audit rights, and rules for cross border transfers. A lawyer will align these with Greek and EU rules.

Safeguarding intellectual property. You must define ownership of deliverables, licenses, background IP and foreground IP, and address Greek moral rights in copyright works. Counsel will draft assignments and licenses that work under Greek law.

Avoiding employment pitfalls. Outsourcing can trigger employee transfer rules, co employment risk, or misclassification of contractors. A lawyer helps you navigate transfer of undertakings, consultation duties, and social security issues.

Complying with sector rules. Banks, payment institutions, insurers, and investment firms must meet specific outsourcing requirements, including notification and audit obligations. Legal advice ensures alignment with supervisory expectations.

Managing disputes and change. A lawyer can prepare escalation, mediation, and arbitration clauses and guide you through renegotiations, service failures, or termination for convenience or cause.

Public sector participation. If you contract with municipalities or public bodies in or near Thivais, public procurement rules and transparency requirements apply. Legal guidance reduces bid challenges and contract risks.

Local Laws Overview

Contracts and civil law. Greek civil law governs contract formation, performance, and remedies. Outsourcing agreements should be in writing and should clearly define scope, SLAs, liability caps, indemnities, force majeure, IP, data protection, audit rights, and exit plans. Choice of law and jurisdiction clauses are respected, subject to mandatory Greek and EU consumer or employment protections where applicable.

Data protection and cybersecurity. The EU General Data Protection Regulation applies, supplemented in Greece by national implementing rules. If the provider is a processor, Article 28 GDPR terms are required. Appointing a data protection officer may be mandatory for certain controllers or processors. Cross border data transfers within the EEA are permitted. Transfers outside the EEA require safeguards such as standard contractual clauses and documented transfer impact assessments. Breach notification timelines must be observed. Sector guidance may impose additional security and audit expectations.

Employment and worker transfer. Outsourcing may involve a transfer of an economic entity. If so, the EU transfer of undertakings regime applies in Greece, preserving employees and their terms and triggering information and consultation duties. Greek labor law also regulates telework, working time, health and safety, and collective redundancies. Misclassification of individuals as contractors can lead to back pay, social security liabilities, and fines.

Intellectual property. Greek copyright law strongly protects authors, including non waivable moral rights. Ownership of software, documentation, and other deliverables should be addressed expressly, with written assignments and licenses tailored to Greek rules. For employee created inventions and works, statutory provisions may allocate rights between employer and employee, so explicit agreement is important.

Trade secrets and confidentiality. Greece has implemented the EU Trade Secrets Directive, providing civil remedies for misappropriation. Robust confidentiality clauses, access controls, and audit rights are recommended in outsourcing agreements.

Competition and antitrust. Non compete, exclusivity, and most favored customer provisions must be reviewed for compliance with Greek and EU competition law, especially where the provider has market power or the agreement may foreclose competition.

Public procurement. Contracts with public bodies are governed by Greek public procurement legislation implementing EU directives. Rules address tender procedures, technical specifications, selection criteria, award criteria, performance guarantees, subcontracting, and modification limits. Local municipalities in Boeotia follow these national rules.

Tax and transfer pricing. Outsourcing impacts VAT, corporate income tax, and transfer pricing. Cross border service flows require attention to place of supply for VAT, permanent establishment risk, documentation of arm s length pricing, and possible withholding tax obligations. Coordination with a tax advisor is recommended.

Financial sector outsourcing. Banks, payment institutions, and insurers must follow EU level guidelines on outsourcing, including governance, risk assessment, subcontracting chains, concentration risk, exit strategies, and audit and access rights for supervisors. Greek supervisors expect documented assessments and notification or approval in certain cases.

Dispute resolution. Parties often choose Greek courts or arbitration. Greece has modern arbitration legislation aligned with the UNCITRAL Model Law. Consider staged escalation clauses and interim relief provisions. For cross border deals, align jurisdiction and enforcement strategy from the outset.

Frequently Asked Questions

What is outsourcing under Greek law and how is it different from subcontracting

Outsourcing is the long term delegation of functions or processes to a third party, often with transfer of tools, staff, or know how. Subcontracting is narrower, typically focused on specific tasks under a primary contract. The legal analysis overlaps, but outsourcing raises additional issues such as employee transfer, data protection, and exit support.

Do employee transfer rules apply when I outsource a function in Thivais

They may. If an organized economic entity retains its identity and continues under the provider, Greek rules implementing the EU transfer of undertakings regime apply. Employees assigned to that entity transfer automatically with preserved rights. You must inform and, where applicable, consult employee representatives before the transfer.

What documents should every outsourcing agreement include

At minimum include a master services agreement, detailed schedules with scope and service descriptions, SLAs and service credits, pricing and indexation, change control, data processing agreement, security requirements, business continuity and disaster recovery, IP and licensing terms, audit and inspection rights, subcontracting limits, liability and indemnities, compliance and ethics, and exit and transition assistance.

How do GDPR requirements affect outsourcing

If the provider processes personal data for you, you must have a GDPR compliant data processing agreement that sets instructions, confidentiality, security, sub processing conditions, assistance, deletion or return, and audits. Conduct a data protection impact assessment for high risk processing, ensure appropriate technical and organizational measures, and address cross border transfers where relevant.

Can I transfer personal data outside the EEA as part of an outsourced service

Yes, but you need a valid legal mechanism such as standard contractual clauses or an adequacy decision, plus a transfer impact assessment and supplementary measures where needed. Map data flows, confirm sub processors, and maintain records of processing and transfers.

Who owns the IP in deliverables created by the provider

Ownership depends on the contract. Without clear written assignment, the provider may retain rights, and Greek moral rights cannot be waived though they can be licensed. Use explicit assignment and license language covering background IP, foreground IP, and third party components, and ensure that employee and subcontractor rights are captured.

How do I avoid misclassifying contractors in Greece

Assess the reality of the working relationship. If there is integration into your business, control over time and place, exclusivity, and economic dependence, authorities may view the person as an employee. Use a services company where appropriate, define deliverables, avoid employer like control, and consult counsel on social security and tax.

Are there special rules for outsourcing in regulated sectors

Yes. Financial institutions and insurers must follow EU and Greek supervisory guidance on governance, materiality assessments, register of outsourcing arrangements, access and audit rights for the institution and regulators, chain outsourcing limits, business continuity, and exit strategies. Some arrangements require prior notification or approval.

What are the main tax considerations in an outsourcing deal

Consider VAT on cross border services, permanent establishment risk where the provider operates in Greece, transfer pricing for intra group outsourcing, and potential withholding obligations under Greek law and applicable tax treaties. Obtain tax advice early to structure invoicing and documentation correctly.

How should we plan for termination and exit

Agree a detailed exit plan at the outset. Include notice periods, knowledge transfer, handback or destruction of data and assets, staff issues, license continuity, cooperation with replacement providers, and capped exit fees. Ensure you retain rights to use necessary IP during transition and that you have robust data export formats.

Additional Resources

Hellenic Data Protection Authority - guidance on controllers, processors, DPIAs, breach notification, and cross border transfers.

Hellenic Labor Inspectorate - information on employment standards, transfers of undertakings, and telework rules.

Hellenic Competition Commission - guidance on vertical agreements and market power issues relevant to exclusivity and MFN clauses.

Single Public Procurement Authority - resources on tender procedures and contract performance for public sector outsourcing.

Bank of Greece - supervisory expectations for outsourcing by banks, payment institutions, and e money institutions.

Hellenic Capital Market Commission - outsourcing guidance for investment firms and market participants.

Athens Bar Association and the Plenary of Greek Bar Associations - directories to find qualified outsourcing and technology lawyers.

Chamber of Boeotia - local business support and vendor networks relevant to Thivais and surrounding areas.

Greek Ombudsman - guidance on public administration procedures that can intersect with public sector outsourcing.

Ministry of Digital Governance - policy resources on cybersecurity and digital transformation relevant to IT outsourcing.

Next Steps

Define objectives. Clarify what you want to achieve by outsourcing, your risk appetite, budget, and success metrics. Identify which data, systems, and processes are in scope.

Assemble your team. Involve legal, procurement, IT, security, HR, and tax early. Assign a business owner and a contract manager.

Map data and people. Inventory personal data categories, special categories, and data flows. Identify any staff who may transfer or be affected.

Prepare documents. Draft an RFP or requirements list, your preferred contract template, and a data processing agreement aligned with GDPR. List mandatory certifications and audit standards you require.

Select providers. Perform due diligence on financial stability, security posture, subcontractors, past performance, and local presence near Thivais if on site services are needed.

Negotiate key terms. Focus on scope, SLAs, security, audit rights, IP, subcontracting limits, pricing, change control, liability caps, indemnities, and exit assistance. Align with Greek and EU requirements.

Plan compliance. Complete impact assessments, consult worker representatives where required, and prepare communications to affected employees and customers.

Implement governance. Establish KPIs, reporting, regular reviews, issue escalation, and annual audits. Keep an up to date register of outsourcing arrangements.

Engage legal counsel. Contact a Greek outsourcing lawyer familiar with Boeotia and Athens markets to review and finalize documents and to advise on sector specific rules.

Reassess periodically. Laws and guidance change. Schedule annual legal and security reviews and refresh your risk assessments, especially after material changes or incidents.