IT Subcontractor Agreement Template for Belgium

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Key Requirements PROMPT example:

IT Subcontractor Agreement

"I need an IT Subcontractor Agreement under Belgian law for a cybersecurity consultant who will be working on our banking client's infrastructure upgrade project starting March 2025; must include strong data protection clauses and security protocols."

Document background
The IT Subcontractor Agreement is essential for technology service providers operating in Belgium who need to engage specialized IT professionals or companies as subcontractors. This document is particularly relevant in situations where a main IT contractor has secured a client project but requires additional expertise or resources to fulfill the contract obligations. The agreement, governed by Belgian law, includes crucial provisions for data protection (GDPR compliance), intellectual property rights, service levels, and maintains clear independent contractor status to avoid employment law implications. It addresses key aspects such as confidentiality, liability, insurance requirements, and payment terms while ensuring compliance with Belgian social security and tax regulations. The document is structured to protect all parties' interests while facilitating efficient IT service delivery.
Suggested Sections

1. Parties: Identification of the contracting parties: the main contractor and the IT subcontractor

2. Background: Context of the agreement, including the main contractor's relationship with its client and need for subcontracted services

3. Definitions: Key terms used throughout the agreement, including technical IT terminology

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

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

6. Payment Terms: Fees, payment schedule, invoicing requirements, and expense policies

7. Independent Contractor Status: Clear establishment of independent contractor relationship and tax/social security obligations

8. Performance Standards: Quality requirements, KPIs, and service levels

9. Intellectual Property Rights: Ownership and licenses for existing and created IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

12. Warranties and Representations: Subcontractor's warranties regarding services and capabilities

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Insurance: Required insurance coverage and limits

15. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

1. Non-Competition: Restrictions on working with competitors or clients, include when protecting market position is crucial

2. Equipment and Resources: Provisions for equipment or resource provision, include when contractor uses client/company resources

3. Security Requirements: Specific IT security protocols and requirements, include for sensitive systems access

4. Change Control: Procedures for changing scope or specifications, include for complex or long-term projects

5. Disaster Recovery: Business continuity requirements, include for critical systems support

6. Knowledge Transfer: Requirements for documentation and training, include when service continuity is crucial

7. Subcontractor Personnel: Requirements for staff qualifications and replacement, include when specific expertise is required

8. Source Code Escrow: Source code protection arrangements, include for custom software development

Suggested Schedules

1. Schedule A - Services Description: Detailed technical specifications of IT services to be provided

2. Schedule B - Service Levels: Specific performance metrics, response times, and quality standards

3. Schedule C - Rate Card: Detailed pricing, rates, and payment terms

4. Schedule D - Data Processing Agreement: GDPR-compliant data processing terms and conditions

5. Schedule E - Security Requirements: Detailed IT security protocols and compliance requirements

6. Appendix 1 - Key Personnel: List of key subcontractor personnel assigned to the services

7. Appendix 2 - Approved Subcontractors: List of any approved lower-tier subcontractors

8. Appendix 3 - Technical Requirements: Specific technical standards and requirements

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

Software Development

IT Consulting

Digital Services

Telecommunications

Financial Services

Healthcare Technology

E-commerce

Cloud Services

Cybersecurity

System Integration

Digital Transformation

Relevant Teams

Legal

Procurement

Information Technology

Human Resources

Compliance

Operations

Finance

Risk Management

Vendor Management

Project Management Office

Relevant Roles

IT Project Manager

Legal Counsel

Procurement Manager

Contract Manager

IT Services Director

Chief Technology Officer

HR Director

Compliance Officer

Operations Manager

IT Consultant

Software Developer

System Administrator

Information Security Officer

Technology Vendor Manager

Business Development Manager

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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