Noerr advises Bayer AG on IT realignment

Noerr has advised Bayer AG comprehensively on realigning its IT function. To further accelerate the company’s digitalisation, specialised external partners will take over standard IT services, while its internal IT function will concentrate on solutions giving Bayer a competitive edge. 

The realignment is part of the efficiency and structural measures announced by Bayer back in November 2018. Services such as the provision of digital workplaces for Bayer employees or the operation of the company’s global IT infrastructure will be taken over by IT providers Atos, Capgemini, Cognizant and Tata Consultancy Services, which will take on around 950 Bayer employees (FTEs). The company’s internal IT function will be newly set up to facilitate faster delivery of digital solutions in health and nutrition. 

The contracts with the providers will run for six years, with a renewal option of one year. The employees affected by the transfer will enjoy the agreed protection against redundancies until 2025, in the same way as Bayer employees do in Germany. The employees will transfer to the partners in the course of the coming year.

Noerr has provided Bayer AG with comprehensive support in one of the largest IT outsourcing projects of this decade in Germany. Noerr’s involvement in particular included drafting the contracts with the providers and conducting all legal negotiations with the new service partners, together with the legal department of Bayer AG. 

The Noerr partners Peter Bräutigam and Thomas Thalhofer led the team which advised Bayer. Another team led by Thomas Thalhofer and Florian Becker advised Bayer last year on the sale of its global digital farming business to BASF for Monsanto approval.

Advisors to Bayer AG: Noerr LLP

Professor Peter Bräutigam, Dr Thomas Thalhofer (joint team lead, both IT Contract Law/Outsourcing, Munich), Dr Torsten Kraul (IT Contract Law/Outsourcing), Meike von Levetzow (Arbitration, arbitration clause, both Berlin)

Dr David Bomhard (IT Contract Law/Outsourcing, Munich), Henrike von dem Berge (Contract Law/Outsourcing, Berlin), Ekaterina Filikhina, Dr Korbinian Hartl, Hilke Klingenfuß, Marieke Merkle (all IT Contract Law /Outsourcing), Sebastian Dienst (Data Protection), Sarah Blazek (Antitrust Law, all Munich), Manuela Kreuzeder (Arbitration, Berlin)

Bayer in-house: Dr Johannes Rabus (team lead Bayer Legal Department), Adrian Franz (both IT Law), Ingo Nebel, Dr Benjamin Müller (both Employment Law), Diana Stoll, Dr Philip Laue (both Data Protection), Dr Paul Fort (Antitrust Law)

Bayer in-house tax: Jana Brors, Alexandra Tschense 

Atos in-house: Tobias Hohloch; DLA Piper (Gerald Schumann)

Capgemini in-house: Dr Antje Zimmerlich

Cognizant in-house: Miriam-Elisabeth Bosse, Henning von der Blumensaat

Tata Consultancy in-house: Dorothea Kettrukat (Head of Legal, Europe), Florian Hecht, Christiane Grundler