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Freelance Agreement Contract

Freelance Agreement Contract Template for Germany

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Key Requirements PROMPT example:

Freelance Agreement Contract

"I need a Freelance Agreement Contract under German law for a software development project starting March 2025, with strong data protection clauses and the ability for the freelancer to work remotely from anywhere in the EU while accessing our systems."

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Document background
The Freelance Agreement Contract is a crucial document for businesses operating in Germany who engage independent contractors for professional services. This agreement is specifically designed to comply with German legal requirements and addresses the critical distinction between freelance work and employment relationships (Scheinselbständigkeit). It's particularly important given Germany's strict regulations regarding independent contractors and employment classification. The document should be used when engaging freelancers for specific projects or ongoing services, and includes comprehensive provisions for services, payment terms, intellectual property rights, data protection, and independence criteria. It's essential for protecting both parties' interests while ensuring compliance with German labor law, tax regulations, and social security requirements.
Suggested Sections

1. Parties: Identification of the contracting parties - the client and the freelancer, including full legal names, addresses, and any registration numbers

2. Background: Context of the agreement and confirmation of freelancer's independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided, including deliverables and quality standards

5. Term and Termination: Duration of the agreement, notice periods, and conditions for termination

6. Remuneration and Payment Terms: Fee structure, payment schedule, invoicing requirements, and VAT considerations

7. Independence and Status: Clear statements establishing the freelancer's independence, including right to work for others and control over work methods

8. Intellectual Property Rights: Ownership and transfer of work products, including any pre-existing IP

9. Confidentiality: Protection of business secrets and confidential information

10. Data Protection: GDPR compliance and data processing obligations

11. Liability and Insurance: Scope of liability, required insurance coverage, and limitations

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competing activities - only include if specifically required and ensure compliance with German law restrictions on such clauses

2. Equipment and Resources: Include when the client provides specific tools or resources for the work

3. Substitute Performance: Include when the freelancer may be allowed to use subcontractors or delegates

4. Travel and Expenses: Include when regular travel is required or expenses reimbursement is part of the arrangement

5. Quality Assurance: Include for projects requiring specific quality standards or regular reviews

6. Change Control: Include for long-term or complex projects where scope changes are likely

7. Service Levels: Include when specific performance metrics or response times are required

8. Training and Compliance: Include when specific certifications or training requirements exist

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and performance standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and any variable compensation elements

3. Schedule 3 - Data Processing Agreement: Required under GDPR if personal data processing is involved

4. Schedule 4 - Project Timeline: Detailed project phases and deadlines if applicable

5. Schedule 5 - Compliance Requirements: Any specific regulatory or industry compliance requirements

6. Appendix A - Contact Details: Key contact persons and communication protocols

7. Appendix B - Required Insurance Coverage: Detailed insurance requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Deliverables
Client
Freelancer
Effective Date
Term
Fee
Intellectual Property Rights
Pre-existing Materials
Work Product
Confidential Information
Business Day
Force Majeure
Personal Data
Data Protection Legislation
GDPR
Project
Project Timeline
Quality Standards
Acceptance Criteria
Change Request
Service Location
Specifications
Good Industry Practice
Client Materials
Milestone
Payment Period
Representatives
Subcontractor
Territory
VAT
Working Hours
Completion Date
Dispute
Material Breach
Clauses
Parties
Definitions
Interpretation
Term
Services
Independence Status
Payment
Invoicing
Tax and Social Security
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability
Indemnification
Insurance
Force Majeure
Termination
Notice
Assignment
Subcontracting
Amendments
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Compliance with Laws
Anti-Corruption
Work Equipment
Quality Standards
Acceptance Procedures
Warranties
Relationship of Parties
Change Control
Records and Audits
Service Levels
Business Continuity
Export Control
Relevant Industries

Information Technology

Consulting

Creative Industries

Digital Media

Engineering

Professional Services

Manufacturing

Healthcare

Education

Financial Services

Marketing and Advertising

Construction

Research and Development

Telecommunications

Relevant Teams

Legal

Human Resources

Procurement

Finance

Project Management Office

Operations

Compliance

Risk Management

Relevant Roles

Freelance Software Developer

Independent Consultant

Contract Project Manager

Freelance Graphic Designer

Independent Marketing Specialist

Contract Engineer

Freelance Content Writer

Independent Business Analyst

Contract Research Specialist

Freelance UX Designer

Independent Financial Advisor

Contract Technical Architect

Freelance Training Consultant

Independent Quality Assurance Specialist

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of contract law in Germany, particularly §§ 611-630 regarding service contracts and §§ 631-651 regarding contracts for work and services (Werkvertrag)
German Commercial Code (Handelsgesetzbuch - HGB): Relevant for commercial aspects of freelance work, especially if the freelancer qualifies as a merchant under German law
Social Security Code (Sozialgesetzbuch - SGB): Particularly SGB IV § 7, which defines criteria for determining whether a person is truly self-employed or in disguised employment (Scheinselbstständigkeit)
Income Tax Act (Einkommensteuergesetz - EStG): Regulates tax obligations for freelancers, including provisions about income declaration and deductible expenses
Value Added Tax Act (Umsatzsteuergesetz - UStG): Governs VAT obligations for freelancers, including when to charge VAT and filing requirements
Trade Regulation Act (Gewerbeordnung - GewO): Relevant for determining whether the freelance activity requires special permits or registrations
General Data Protection Regulation (GDPR/DSGVO): European regulation governing the processing of personal data, which must be considered in freelance contracts involving personal data processing
German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): National implementation of data protection requirements, supplementing the GDPR
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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