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Standard Consulting Agreement

Standard Consulting Agreement Template for Denmark

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Standard Consulting Agreement

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Document background
This Standard Consulting Agreement is designed for use in the Danish market when engaging external consultants or consulting firms for professional services. The document serves as a comprehensive framework for consulting relationships, incorporating requirements under Danish law and EU regulations, particularly addressing areas such as contract formation under the Danish Contracts Act, data protection under GDPR, and specific provisions for professional services under Danish business laws. It is structured to protect both parties' interests while maintaining flexibility for various consulting scenarios, from short-term project-based engagements to longer-term advisory relationships. The agreement includes essential provisions for scope definition, payment terms, intellectual property rights, confidentiality, and liability limitations, making it suitable for both domestic and international consulting arrangements within Danish jurisdiction.
Suggested Sections

1. Parties: Identification and details of the contracting parties (Client and Consultant)

2. Background: Context of the agreement and general purpose of the consulting engagement

3. Definitions: Key terms used throughout the agreement and their specific meanings

4. Scope of Services: Detailed description of the consulting services to be provided

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

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Consultant's Obligations: Key responsibilities and commitments of the consultant

8. Client's Obligations: Key responsibilities and commitments of the client

9. Intellectual Property Rights: Ownership and rights to work products, pre-existing IP, and developed materials

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. Insurance: Required insurance coverage and minimum limits

14. Force Majeure: Handling of circumstances beyond parties' reasonable control

15. Notices: Methods and addresses for formal communications

16. Governing Law and Jurisdiction: Application of Danish law and jurisdiction for disputes

Optional Sections

1. Non-Competition: Restrictions on consultant's ability to work with competitors (include when protecting market position is crucial)

2. Non-Solicitation: Restrictions on hiring or soliciting each party's employees (include for long-term engagements)

3. Service Levels: Specific performance metrics and standards (include for technical or ongoing services)

4. Regulatory Compliance: Industry-specific regulatory requirements (include for regulated sectors)

5. Subcontracting: Terms for engaging subcontractors (include when subcontracting may be needed)

6. Change Control: Process for changing scope or terms (include for complex or long-term projects)

7. Assignment: Rights to assign the agreement (include when relevant to business structure)

8. Audit Rights: Client's rights to audit consultant's work (include for financial or sensitive projects)

Suggested Schedules

1. Schedule A - Services Description: Detailed specification of consulting services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule C - Key Personnel: List of key consultant personnel assigned to the project

4. Schedule D - Service Levels: Detailed performance metrics and measurement criteria

5. Schedule E - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Appendix 1 - Client Policies: Relevant client policies the consultant must comply with

7. Appendix 2 - Change Request Form: Standard form for requesting changes to services or terms

8. Appendix 3 - Acceptance Test Criteria: Criteria for accepting deliverables or milestones

Authors

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Relevant legal definitions
Agreement
Services
Deliverables
Effective Date
Term
Fees
Client
Consultant
Client Materials
Consultant Materials
Confidential Information
Intellectual Property Rights
Personal Data
Data Protection Laws
Force Majeure Event
Good Industry Practice
Key Personnel
Project
Service Levels
Specifications
Working Day
Change Request
Acceptance Criteria
Client Group
Consultant Background IP
Developed IP
Losses
Material Breach
Professional Fees
Progress Reports
Project Manager
Related Persons
Schedule
Start Date
Statement of Work
Termination Date
Third Party Materials
Variation
Work Product
Clauses
Parties
Interpretation
Term
Services
Consultant Obligations
Client Obligations
Fees and Payment
Intellectual Property
Confidentiality
Data Protection
Personal Data Processing
Non-Competition
Non-Solicitation
Representations and Warranties
Liability and Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Change Control
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Waiver
Third Party Rights
Amendments
Counterparts
Compliance with Laws
Anti-Corruption
Service Levels
Acceptance Testing
Audit Rights
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Primary legislation governing contract formation, validity, and enforcement in Denmark. Essential for establishing the basic framework of the consulting agreement.
Danish Business Act (Erhvervsloven): Regulates business operations and commercial relationships in Denmark, including provisions relevant to consulting services.
EU General Data Protection Regulation (GDPR): Governs the processing and handling of personal data, which is crucial if the consultant will have access to personal data during the engagement.
Danish Tax Assessment Act (Ligningsloven): Contains provisions relevant to taxation of consulting services and independent contractors, including rules about deductions and VAT.
Danish Professional Services Act (Lov om tjenesteydelser): Regulates the provision of services, including consulting services, and sets standards for professional service providers.
Danish Marketing Practices Act (Markedsføringsloven): Relevant for provisions regarding confidentiality, non-competition, and marketing practices in consulting relationships.
Danish Act on the Legal Relationship between Employers and Salaried Employees (Funktionærloven): While consultants are typically not employees, this law is relevant for ensuring clear differentiation between employment and consulting relationships.
Danish Bookkeeping Act (Bogføringsloven): Relevant for record-keeping requirements and invoice documentation for consulting services.
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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