Consultancy Agreement Between Company And Individual Template for Netherlands

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Key Requirements PROMPT example:

Consultancy Agreement Between Company And Individual

"I need a Consultancy Agreement Between Company And Individual for hiring an IT security consultant who will be working remotely from the Netherlands for our Amsterdam office, with access to sensitive systems and client data, starting March 2025."

Document background
The Consultancy Agreement Between Company And Individual is essential for businesses operating in the Netherlands that engage independent professionals for specific projects or expertise. This agreement is designed to comply with Dutch legal requirements, particularly the Wet DBA, which regulates independent contractor relationships. It's crucial for establishing clear boundaries between employment and independent consultancy, addressing tax implications, and ensuring proper handling of intellectual property and confidential information. The document should be used when engaging individual consultants for professional services, whether for short-term projects or ongoing advisory roles, and includes specific provisions for Dutch VAT handling, professional liability, and data protection under GDPR. This template is regularly updated to reflect changes in Dutch legislation affecting independent contractor relationships.
Suggested Sections

1. Parties: Identification of the company and the individual consultant, including registration/tax numbers

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

3. Definitions: Key terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and termination provisions

6. Fees and Payment: Consultation rates, payment terms, expenses, and VAT arrangements

7. Obligations of the Consultant: Key responsibilities, availability, reporting requirements

8. Obligations of the Company: Company's responsibilities including information and access provision

9. Independent Contractor Status: Clear stipulation of self-employed status and DBA compliance

10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP

11. Confidentiality: Protection of business information and trade secrets

12. Data Protection: GDPR compliance and personal data processing arrangements

13. Liability and Indemnification: Limitation of liability and professional indemnity requirements

14. Insurance: Required insurance coverage and minimum amounts

15. General Provisions: Standard clauses including governing law, notices, and amendments

Optional Sections

1. Non-Competition: Restrictions on working with competitors, used when consultant has access to sensitive information

2. Non-Solicitation: Restrictions on soliciting clients/employees, used for client-facing roles

3. Service Levels: Specific performance metrics, used for technical or specialized services

4. Substitute Provision: Right to provide a substitute consultant, strengthening independent contractor status

5. Equipment and Resources: Provisions about work tools and resources, used when specific equipment is required

6. Training and Compliance: Required training or compliance measures, used in regulated industries

7. Exit Provisions: Detailed handover requirements, used for long-term or complex engagements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of work, deliverables, and timelines

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

3. Schedule 3 - Service Levels: Performance metrics and quality standards if applicable

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

5. Schedule 5 - Company Policies: Relevant company policies applicable to consultants

6. Appendix A - Model Compliance Declaration: DBA model agreement compliance declaration

7. Appendix B - Insurance Requirements: Detailed insurance requirements and coverage levels

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Management Consulting

Professional Services

Financial Services

Healthcare

Engineering

Education and Training

Marketing and Communications

Human Resources

Research and Development

Creative Industries

Energy and Utilities

Construction

Environmental Services

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Compliance

Project Management Office

Risk Management

Information Technology

Research & Development

Relevant Roles

Procurement Manager

Legal Counsel

HR Director

Project Manager

Department Head

Chief Financial Officer

Operations Director

IT Consultant

Management Consultant

Financial Advisor

Technical Specialist

Strategy Consultant

Business Analyst

Training Consultant

Marketing Consultant

HR Consultant

Executive Coach

Subject Matter Expert

Digital Transformation Consultant

Quality Assurance Specialist

Industries
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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