Freelance Subcontractor Agreement Template for Germany

The Freelance Subcontractor Agreement is essential for businesses operating in Germany that engage independent professionals or contractors for specific projects or ongoing services. This document is crucial in establishing a clear independent contractor relationship while avoiding the risks of pseudo-employment (Scheinselbstständigkeit) under German law. It incorporates necessary provisions to comply with German civil code (BGB), commercial law (HGB), data protection regulations (GDPR/DSGVO), and social security requirements. The agreement is particularly relevant in today's growing gig economy and flexible workforce arrangements, providing a legal framework for engaging external expertise while maintaining compliance with German regulatory requirements. It includes detailed sections on service scope, payment terms, intellectual property rights, and data protection, tailored to meet both parties' needs while ensuring legal compliance.

1. Parties: Identification of the contracting parties - the contractor and the company, including full legal names, addresses, and registration details where applicable

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

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Project', and other relevant terminology

4. Scope of Services: Detailed description of the services to be provided, emphasizing the contractor's autonomy in service delivery

5. Term and Termination: Duration of the agreement, notice periods, and grounds for termination in accordance with German law

6. Remuneration and Payment Terms: Fee structure, payment schedule, expense policies, and VAT arrangements

7. Independent Contractor Status: Clear stipulation of the independent nature of the relationship, contractor's business independence, and right to work for others

8. Contractor's Obligations: Key responsibilities, quality standards, and compliance requirements

9. Company's Obligations: Company's responsibilities regarding information, access, and cooperation

10. Intellectual Property Rights: Assignment or licensing of IP rights created during the service provision

11. Confidentiality: Confidentiality obligations in accordance with German Trade Secret Act

12. Data Protection: GDPR compliance measures and data processing obligations

13. Liability and Insurance: Liability limitations and required insurance coverage under German law

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