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Gleiss Lutz advises gkv informatik on successful outsourcing of its IT data centre and other IT services

A Gleiss Lutz team has provided comprehensive advice to gkv informatik GbR on planning, preparing and successfully implementing a negotiation procedure across Europe for a major, complex IT outsourcing project. At the end of a tender procedure that lasted more than a year, T-Systems International GmbH and Computacenter AG & Co. oHG emerged in various lots as the successful bidders. The very substantial sets of contracts were signed on 21 December 2018.

gkv informatik GbR is a joint venture of BARMER and several local health insurance funds (AOKs) and HEK. As their primary IT provider, gkv informatik is currently responsible for data centre operation, IT and telecommunications infrastructure, desktop services, field services, and the operation of specific statutory health insurance applications. These services are backed up by advisory support ranging from a telephone hotline through to SAP® application consultancy, covering the implementation and operation of SAP®-based industry software. In future, these external service providers will take responsibility for a major part of this work, including the operation of the data centres as well as desktop, network, collaboration, field and shopping cart services. In this project, Gleiss Lutz brought its comprehensive know-how in the healthcare sector and IT law into play, displaying the law firm’s particular strength in complex and innovative outsourcing and procurement procedures. Implementation of IT outsourcing in the statutory health insurance sector was long held to be impossible in this scope.

A Gleiss Lutz team of lawyers led by Dr. Marco König (partner, Public Procurement/Healthcare) and Dr. Stefan Weidert (partner, IP/IT, Berlin) provided legal services to gkv informatik: Dr. Christiane Freytag (counsel, Public Procurement, Stuttgart), Dr. Alexander Molle (counsel, IP/IT, Berlin), Dr. Christian Hamann (counsel, Data Protection, Berlin), Dr. Johann Wagner (partner, Tax, Hamburg), Dr. Martin Viciano Gofferje (partner, Corporate/M&A, Berlin), Dr. Carolin Engler (Public Procurement/Healthcare, Stuttgart), Jan Hinrichs (IP/IT), Dr. DAniel Görlich (Public Procurement, both Berlin).

Over the entire duration of the project, Gleiss Lutz lawyers worked closely with gkv informatik’s inhouse legal team, in particular with Monika Kumpe (head) as well as Sven Reinicke and Damian Faltynowicz, who also coordinated the procedure as the procurement office.

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