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IT Outsourcing Agreement

IT Outsourcing Agreement Template for Belgium

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Key Requirements PROMPT example:

IT Outsourcing Agreement

"I need an IT Outsourcing Agreement under Belgian law for outsourcing our entire IT infrastructure and support services to a major provider, including cloud migration services and 24/7 helpdesk support, with implementation starting March 2025."

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Document background
This IT Outsourcing Agreement is designed for use under Belgian law when a company wishes to engage an external provider for its information technology services. The agreement is particularly relevant in today's digital business environment where organizations seek to optimize their IT operations through external expertise. It covers essential elements including service scope, performance metrics, data protection (aligned with GDPR), security requirements, and risk allocation. The document is structured to comply with Belgian legal requirements while incorporating EU-wide regulations relevant to IT services. An IT Outsourcing Agreement of this nature is typically used when engaging providers for services such as infrastructure management, application development, help desk support, or comprehensive IT managed services. It includes specific provisions for service levels, governance mechanisms, personnel management, and clear exit arrangements, making it suitable for both large-scale enterprise implementations and medium-sized business arrangements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions and Interpretation: Defined terms and rules of interpretation

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

5. Service Levels and Performance: Service level agreements, KPIs, and measurement methods

6. Provider Obligations: Key responsibilities and commitments of the service provider

7. Customer Obligations: Requirements and responsibilities of the customer

8. Charges and Payment: Pricing, payment terms, invoicing, and financial arrangements

9. Data Protection and Security: GDPR compliance, data processing terms, and security requirements

10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP

11. Confidentiality: Protection and handling of confidential information

12. Governance and Change Control: Management structure, reporting, and change procedures

13. Liability and Insurance: Limitation of liability, indemnities, and insurance requirements

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

15. Exit Management: Transition arrangements and obligations upon termination

16. General Provisions: Standard legal clauses including notices, governing law, etc.

Optional Sections

1. Personnel Transfer: Terms governing the transfer of employees, applicable when staff transfer is part of the outsourcing

2. Equipment and Assets: Terms for provision and maintenance of hardware/equipment, if included in the scope

3. Disaster Recovery: Detailed disaster recovery and business continuity provisions, for critical services

4. Multi-location Services: Specific provisions for services delivered from multiple locations or jurisdictions

5. Subcontracting: Terms governing the appointment and management of subcontractors

6. Security Clearance: Requirements for personnel security clearance, for sensitive projects

7. Benchmarking: Provisions for comparing services and prices against market standards

8. Parent Company Guarantee: Guarantee from provider's parent company, for financial security

Suggested Schedules

1. Service Description: Detailed technical and functional specifications of services

2. Service Levels: Detailed SLA metrics, measurement methods, and penalties

3. Charges: Detailed pricing structure, rate cards, and payment calculations

4. Key Personnel: List of key staff and their roles from both parties

5. GDPR Processing Agreement: Detailed data processing terms as required by GDPR

6. Security Requirements: Detailed security policies, standards, and procedures

7. Transition Plan: Detailed plan for service transition and implementation

8. Exit Plan: Detailed procedures and requirements for service termination

9. Business Continuity Plan: Disaster recovery and business continuity procedures

10. Governance Procedures: Detailed procedures for contract and service management

11. Approved Subcontractors: List of approved subcontractors and their services

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
Acceptance Criteria
Affiliate
Agreement
Applicable Law
Authorized Representative
Background IP
Business Day
Business Hours
Change Control Procedure
Charges
Commencement Date
Confidential Information
Contract Year
Customer Data
Customer Materials
Customer Personal Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Disaster Recovery Plan
Documentation
Emergency Maintenance
Exit Plan
Force Majeure Event
Good Industry Practice
Governance Body
Implementation Plan
Incident
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Normal Business Hours
Notice
Operating Environment
Parties
Performance Credits
Personal Data
Personal Data Breach
Planned Maintenance
Provider Systems
Quality Standards
Related Agreement
Relief Event
Representatives
Response Time
Resolution Time
Service Credits
Service Levels
Services
Software
Specification
Subcontractor
System
Term
Termination Date
Third Party Software
Transition Period
Transition Plan
Working Day
Work Product
Clauses
Services
Service Levels
Performance Standards
Acceptance Testing
Change Control
Transition
Implementation
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Personnel
Subcontracting
Payment
Invoicing
Price Review
Audit Rights
Governance
Reporting
Compliance
Insurance
Liability
Indemnification
Force Majeure
Term
Termination
Exit Management
Non-Solicitation
Assignment
Dispute Resolution
Notices
Severability
Entire Agreement
Amendments
Waiver
Third Party Rights
Governing Law
Jurisdiction
Anti-Corruption
Business Continuity
Disaster Recovery
Competition Law
Record Keeping
Quality Assurance
Risk Management
Environmental Compliance
Social Responsibility
Technology Change
Security Requirements
Access Rights
Asset Management
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Telecommunications

Manufacturing

Retail

Professional Services

Insurance

Public Sector

Education

E-commerce

Logistics and Transportation

Relevant Teams

Legal

Information Technology

Procurement

Finance

Risk Management

Compliance

Information Security

Operations

Vendor Management

Data Protection

Digital Transformation

Infrastructure

Relevant Roles

Chief Information Officer

IT Director

Chief Technology Officer

Head of Procurement

Legal Counsel

Data Protection Officer

IT Operations Manager

Vendor Management Lead

Chief Financial Officer

Risk Manager

Information Security Manager

Service Delivery Manager

Contract Manager

Chief Digital Officer

Head of IT Infrastructure

Compliance Officer

Industries
GDPR and Belgian Data Protection Act: Regulates the processing of personal data, mandatory for IT services handling EU/Belgian resident data, including requirements for data processing agreements, cross-border transfers, and security measures
Belgian Civil Code (Book VI): Contains fundamental contract law provisions governing service agreements, including formation, performance, and termination of contracts
Belgian Enterprise Code: Provides framework for B2B relationships and commercial contracts, including specific provisions for enterprise agreements and unfair contract terms
Collective Bargaining Agreement No. 32bis: Regulates the transfer of undertaking and protection of employees' rights in case of business transfers, relevant if the outsourcing involves staff transfer
Belgian Code of Economic Law (Book XII): Covers electronic commerce and services, including provisions on information society services and electronic contracts
Belgian Intellectual Property Law: Governs copyright and other IP rights, crucial for software development, licensing, and transfer of intellectual property rights
NIS Law (Network and Information Systems Security): Implements EU NIS Directive, setting cybersecurity requirements for digital service providers and critical infrastructure
Belgian Competition Law: Regulates anti-competitive practices and agreements between businesses, ensuring outsourcing arrangements don't restrict competition
Belgian Electronic Communications Act: Regulates electronic communications services and networks, relevant for IT services involving telecommunications or internet 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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