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Business Process Outsourcing Agreement

Business Process Outsourcing Agreement Template for Belgium

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Key Requirements PROMPT example:

Business Process Outsourcing Agreement

"I need a Business Process Outsourcing Agreement to outsource our IT helpdesk operations to a Belgian service provider, with strict SLAs and data protection requirements, planned to commence from March 2025."

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Document background
The Business Process Outsourcing Agreement is essential for organizations operating in Belgium that seek to outsource specific business functions to specialized service providers. This document is crucial when companies want to focus on core competencies while leveraging external expertise for non-core functions. The agreement comprehensively addresses Belgian legal requirements, including data protection, employment laws, and commercial regulations. It typically covers service delivery, performance metrics, pricing, governance, and risk allocation. Used when establishing long-term outsourcing relationships, this agreement ensures compliance with Belgian jurisdiction while protecting both parties' interests through detailed operational, commercial, and legal provisions.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business objectives

3. Definitions and Interpretation: Defined terms and interpretation rules

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

5. Term and Termination: Duration, renewal, and termination provisions

6. Service Provider Obligations: Core obligations and responsibilities of the service provider

7. Customer Obligations: Core obligations and responsibilities of the customer

8. Service Levels and Performance: Performance standards, KPIs, and measurement

9. Charges and Payment: Pricing, payment terms, and invoicing

10. Data Protection and Privacy: GDPR compliance and data processing obligations

11. Confidentiality: Protection of confidential information

12. Intellectual Property Rights: IP ownership, licenses, and protection

13. Employee Matters: Staff transfer, management, and employment obligations

14. Liability and Indemnities: Risk allocation and limitation of liability

15. Force Majeure: Provisions for unforeseen circumstances

16. Governing Law and Jurisdiction: Belgian law application and dispute resolution

17. General Provisions: Standard boilerplate clauses

Optional Sections

1. Transition and Implementation: Include when services require complex implementation phase

2. Business Continuity and Disaster Recovery: Include for critical business processes

3. Step-in Rights: Include when service continuity is crucial

4. Anti-corruption and Ethics: Include for international operations or specific compliance requirements

5. Security Requirements: Include when handling sensitive data or systems

6. Change Control: Include for long-term or complex service arrangements

7. Benchmarking: Include when market competitiveness needs regular assessment

8. Parent Company Guarantee: Include when financial security is required

Suggested Schedules

1. Service Description: Detailed specification of BPO services

2. Service Levels: Detailed SLAs, KPIs, and measurement methodology

3. Charges: Detailed pricing structure and calculation methodology

4. Customer Dependencies: Detailed customer responsibilities and requirements

5. Data Processing Agreement: GDPR-compliant data processing terms

6. Employee Transfer Provisions: Detailed TUPE/transfer arrangements

7. Transition Plan: Implementation and service transition timeline

8. Business Continuity Plan: Disaster recovery and continuity procedures

9. Security Requirements: Detailed security protocols and standards

10. Governance and Reporting: Management structure and reporting requirements

11. Exit Plan: Service termination and handover procedures

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
Applicable Law
Business Day
Business Hours
Business Process
Charges
Commencement Date
Confidential Information
Contract Year
Customer
Customer Data
Customer Dependencies
Customer Materials
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Disaster Recovery Plan
Effective Date
Exit Plan
Force Majeure Event
Good Industry Practice
Governance Procedures
Implementation Plan
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Material Breach
Milestone
Notice
Operating Environment
Personal Data
Personnel
Processing
Regulatory Requirements
Renewal Term
Reports
Service Credits
Service Levels
Service Provider
Services
Significant Performance Failure
Subcontractor
Term
Termination Date
Transition Period
Transition Plan
Working Hours
Change Control Procedure
Critical Service Levels
Root Cause Analysis
Service Delivery Location
Transfer Regulations
Transferring Employees
Relief Events
Security Requirements
Group Company
Parent Company Guarantee
Background IP
Foreground IP
Benchmarking
Step-in Rights
Business Continuity Plan
Clauses
Definitions
Service Scope
Term
Service Provider Obligations
Customer Obligations
Service Levels
Performance Management
Charges
Invoicing
Payment
Data Protection
Data Processing
Confidentiality
Intellectual Property
Employment
Staff Transfer
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Exit Management
Transition Services
Governance
Audit Rights
Change Control
Subcontracting
Assignment
Non-Solicitation
Insurance
Business Continuity
Disaster Recovery
Security
Compliance
Anti-Corruption
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Step-in Rights
Benchmarking
Service Credits
Regulatory Compliance
Competition Law
Parent Company Guarantee
Relevant Industries

Financial Services

Information Technology

Manufacturing

Healthcare

Retail

Telecommunications

Professional Services

Insurance

Banking

Logistics

E-commerce

Energy

Pharmaceuticals

Relevant Teams

Legal

Procurement

Operations

Finance

Human Resources

Information Technology

Risk and Compliance

Data Protection

Project Management

Commercial

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

General Counsel

Head of Procurement

Operations Director

Commercial Director

Legal Counsel

Procurement Manager

Contract Manager

Business Process Manager

Operations Manager

Risk Manager

Compliance Officer

Data Protection Officer

HR Director

IT Director

Project Manager

Service Delivery Manager

Industries
GDPR and Belgian Data Protection Act: Regulations governing the processing of personal data, including requirements for data transfer, processing agreements, and data subject rights
Belgian Civil Code (Code Civil): Fundamental contract law principles including formation, validity, performance, and termination of contracts
Belgian Enterprise Code (Code des sociétés et des associations): Regulations governing business operations, corporate requirements, and commercial transactions
Belgian Employment Law (LOI relative aux contrats de travail): Regulations concerning employee rights, transfers, and protections in outsourcing scenarios
Belgian Act on Economic Recovery and Strengthening Social Cohesion: Provisions regarding employee transfer rights and obligations in business transfers and outsourcing
Collective Bargaining Agreement No. 32bis: Regulations protecting employees in case of transfer of undertaking
Belgian Code of Economic Law (Code de droit économique): Provisions regarding unfair contract terms, competition law, and consumer protection
Belgian Electronic Communications Act: Requirements for electronic communications and information security in business operations
Belgian Intellectual Property Law: Protection of intellectual property rights, trade secrets, and confidential information
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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