Self Employment Agreement Template for Belgium

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Key Requirements PROMPT example:

Self Employment Agreement

"I need a Self Employment Agreement for a software development consultant based in Brussels who will be working on our AI project from March 2025, with specific clauses about IP rights and data protection since they'll be handling sensitive company data."

Document background
The Self Employment Agreement is essential for businesses operating in Belgium that engage independent contractors or freelance professionals. This document is specifically designed to comply with Belgian legal requirements, including the Program Law of 2006 and relevant social security legislation, while establishing a clear self-employed status for the contractor. It's typically used when a company needs to engage external expertise without creating an employment relationship, ensuring both parties understand their rights, obligations, and independent status. The agreement covers crucial elements such as service scope, payment terms, intellectual property rights, data protection, and liability, while incorporating specific Belgian legal requirements regarding contractor independence, VAT obligations, and social security compliance. This document is particularly important given Belgium's strict approach to contractor classification and the need to clearly distinguish between employment and self-employment relationships.
Suggested Sections

1. Parties: Identification of the contracting parties - the client company and the self-employed contractor, including full legal names, registered addresses, and company/VAT numbers

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

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and 'Intellectual Property Rights'

4. Scope of Services: Detailed description of the services to be provided, emphasizing the contractor's autonomy in service delivery

5. Term and Termination: Duration of the agreement, notice periods, and grounds for termination

6. Fees and Payment Terms: Compensation, payment schedule, invoicing requirements, and VAT arrangements

7. Independent Contractor Status: Explicit confirmation of self-employed status and absence of employment relationship

8. Contractor Obligations: Key responsibilities, including business registration, insurance, and tax compliance

9. Client Obligations: Client's responsibilities and commitments, maintaining arm's length relationship

10. Intellectual Property: Ownership and transfer of IP rights created during the service provision

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Insurance: Limitation of liability, required insurance coverage, and indemnification

14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when contractor has access to sensitive market information

2. Non-Solicitation: Restrictions on soliciting clients or staff, included when contractor has significant client contact

3. Equipment and Resources: Details of any equipment or resources provided by either party, included when relevant to service delivery

4. Quality Standards: Specific quality requirements and standards, included for technical or professional services

5. Subcontracting: Terms for engaging subcontractors, included when subcontracting might be necessary

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

7. Change Control: Process for implementing changes to services or terms, useful for long-term or complex services

8. Service Levels: Specific performance metrics and standards, included for technical or ongoing services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of services and deliverables

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

3. Schedule 3 - Data Processing Agreement: GDPR-compliant data processing terms when personal data is processed

4. Schedule 4 - Service Levels: Detailed performance metrics and quality standards if applicable

5. Appendix A - Required Insurance Coverage: Specific insurance requirements and minimum coverage levels

6. Appendix B - Compliance Requirements: Specific regulatory or industry compliance 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

Professional Services

Consulting

Creative Industries

Engineering

Construction

Healthcare

Education

Financial Services

Marketing and Communications

Media and Entertainment

Research and Development

Management Consulting

Technical Services

Digital Services

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Compliance

Risk Management

Vendor Management

Contract Administration

Relevant Roles

Independent Consultant

Freelance Developer

Contract Project Manager

Self-Employed Designer

Independent Marketing Specialist

Freelance Content Creator

External Business Analyst

Independent IT Consultant

Freelance Researcher

Contract Engineer

Independent Financial Advisor

Freelance Trainer

External Technical Specialist

Independent Strategy Consultant

Freelance Creative Director

Industries
Belgian Company Code (Code des sociétés/Wetboek van vennootschappen): Governs business relationships and corporate structures in Belgium, including provisions for self-employed individuals and their business arrangements
Belgian Civil Code (Code civil/Burgerlijk Wetboek): Contains fundamental contract law principles that apply to all agreements, including formation, interpretation, and enforcement of contracts
Law on the Social Status of Self-Employed Workers (1967): Defines the social security regime for self-employed workers, including contributions and benefits
Program Law of 27 December 2006: Provides criteria for distinguishing between employment and self-employment relationships, crucial for proper contract classification
VAT Code (Code de la TVA/BTW-Wetboek): Regulations regarding VAT obligations for self-employed individuals, including registration and reporting requirements
Income Tax Code (Code des impôts sur les revenus/Wetboek van de inkomstenbelastingen): Tax regulations applicable to self-employed individuals, including tax rates and deductible expenses
Crossroads Bank for Enterprises Law: Requirements for business registration and obtaining a company number (BCE/KBO number)
Law on Market Practices and Consumer Protection: Relevant if the self-employed person provides services to consumers, setting out rules for fair business practices
GDPR and Belgian Data Protection Act: Regulations regarding personal data processing and protection, applicable when handling client or customer data
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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