“Legal Outsourcing” at CLARIUS.LEGAL combines the work and profile of an external law firm with internal support. On a case by case basis, CLARIUS.LEGAL and their client will define the scope of the cooperation as well as the responsibilities.

 

Managing the legal matters of a company is the primary task of an in-house legal department. They typically do much more, however. In-house lawyers will also advise other departments with their legal expertise and ensure that projects are conceptualized in a contractually compliant manner from the start.

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Outsourcing the entire legal department is possible as is outsourcing individual legal matters. These services can also be combined with others like contract management or contract analysis.

In many cases it is reasonable to handle legal tasks in-house at the company, and in direct collaboration with management and the concerned departments. An in-house legal department, however, binds a huge amount of resources. At the same time, it is almost impossible for an in-house legal department to possess the comprehensive legal expertise necessary to cover the various projects as well as the highly complex changes which every company experiences.

Besides the assumption of the full legal department, CLARIUS.LEGAL also manages individual legal subtasks for clients. CLARIUS.LEGAL can take care of individual fields of law such as data privacy or provide legal support for cases in a specific area of work (such as damage claims). This differentiation can also be made on an organisational basis by CLARIUS.LEGAL assuming responsibility for certain specific tasks (for example reporting security or data privacy breaches to authorities) or assisting individual specialist departments.

Relevant experience, a close involvement with the company to be regulated, and good cooperation with specialist departments are necessary to competently exercise regulatory functions. CLARIUS.LEGAL guarantees these prerequisites. The law firm has long-term experience and the appropriate expertise, especially in the telecommunications and energy sector. CLARIUS.LEGAL has extensive contacts at the German Federal Network Agency (Bundesnetzagentur) and therefore can both arrange for informal solutions and conduct formal procedures.

Companies in the telecommunications and energy sectors with their own supply networks are regularly affected by litigation. These can, for example, be a result of their own infrastructure being breached or the property of third parties being damaged during construction activities. Public easement holders also file claims which have to be processed. CLARIUS.LEGAL has developed a concept which relieves the companies concerned of legal and organisational tasks from the beginning (upon receipt of a damage claim or request) up until court proceedings or settlement. The client defines the scope of consultation. This can range from the approval of each individual step to practically autonomous processing of the cases by CLARIUS.LEGAL.

In accordance with Sec. 38 of the new German Federal Protection Act (BDSG), a data protection officer has to be appointed if more than ten of a company’s employees are regularly engaged in the automated processing of personal data. The data protection officer must have verified expertise and is responsible for compliance with statutory requirements. CLARIUS.LEGAL prepares the client for the requirements of the EU General Data Protection Regulation (GDPR) and the new German Federal Data Protection Act (BDSG).

The German Money Laundering Act regulates all financing services providers, insurance companies, trust companies, real estate brokers or companies that trade commercially with goods. In accordance with Sec. 3 of this Act, these companies have obligations to exercise due diligence and to monitor transactions. These obligations in particular include the training of employees, the drafting of work or organisational instructions or the introduction of control processes. In accordance with Sec. 9 (3) of the German Money Laundering Act, the observation of obligations under the German Money Laundering Act can be outsourced to an external money laundering officer. CLARIUS.LEGAL assumes all duties of a money laundering officer.

The companies which have to appoint an IT security officer include telecommunications companies in accordance with Sec. 109 (4) of the German Telecommunications Act. In light of the increasing risks posed by cyberattacks, the appointment of an IT security officer makes sense for all companies, even if it is not required by law. The tasks of an IT security officer are, for example, developing a comprehensive IT protection concept and training employees on a regular basis. An IT security officer also supports the management with respect to organisational and legal measures for increasing IT security and advises on the integration of security-relevant software and hardware. CLARIUS.LEGAL assumes all the duties of an IT security officer.

In accordance with Sec. 22a of the German Banking Act, credit institutions are allowed to keep a refinancing register. Put simply, this is where rights, such as claims and the associated collateral, and their holders are recorded. If such a register exists, banks have to appoint an (external) manager for this. They propose a manager to the German Federal Financial Supervisory Authority (Bundesanstalt fĂĽr Finanzdienstleistungsaufsicht) which then appoints the manager. The expertise, independence and reliability of the manager in particular are to be ensured. CLARIUS.LEGAL provides banks with a qualified refinancing register manager at a fixed price.

In accordance with Sec. 128 (1) of the German Insurance Supervision Act, life insurance companies, private health and nursing care insurance companies and certain accident insurance companies have to appoint a trustee to monitor guarantee assets. Specifically, the supervisory board of the insurance company has to do this. The German Federal Financial Supervisory Authority (Bundesanstalt fĂĽr Finanzdienstleistungsaufsicht) must confirm the trustee beforehand. CLARIUS.LEGAL provides insurance companies with suitable guarantee assets trustees.

Example Legal Outsourcing

SCENARIO

A technical manufacture company steeped in tradition is embedded in corporate structures and needs additional resources to support its legal department. Currently, the legal department does not currently have enough personnel resources to internally manage their often-fragmented daily business.

 

SOLUTION

CLARIUS.LEGAL provides half a resource; the monthly hours will be flexibly assigned to the best qualified CLARIUS.LEGAL employee depending on the task at hand. Thanks to their excellent English skills, all employees are capable of handling matters from all areas of the corporation. These tasks range from contract reviews and legal assessments in all fields of law to preparation for the General Data Protection Regulation (Datenschutz-Grundverordnung) and support with communications with authorities and trade partners.