A Transfer Service Agreement is essential when transitioning services from one provider to another in the Belgian business context. This document type is commonly used in scenarios involving outsourcing changes, business restructuring, or strategic realignment of service delivery. The agreement must comply with Belgian civil law, including the Civil Code and Code of Economic Law, as well as relevant EU regulations such as GDPR. It typically covers service scope, transfer methodology, personnel implications, data protection, intellectual property rights, and operational continuity measures. The document is particularly crucial for ensuring smooth transition while maintaining service quality and managing legal and operational risks. Transfer Service Agreements require careful consideration of both Belgian-specific legal requirements and industry-standard practices for service transitions.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Services: Detailed description of services being transferred
5. Transfer Process: Steps and timeline for implementing the service transfer
6. Service Standards: Quality standards and performance metrics for the transferred services
7. Fees and Payment: Financial terms, payment schedule, and invoicing procedures
8. Governance and Reporting: Management structure, reporting requirements, and oversight mechanisms
9. Data Protection and Security: GDPR compliance and data security measures
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Force Majeure: Handling of events beyond parties' reasonable control
13. Term and Termination: Duration, renewal, and termination provisions
14. Post-Termination Obligations: Obligations surviving termination and transition arrangements
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Employee Transfer: Required if the service transfer involves transfer of employees under Belgian employment law
2. Intellectual Property Rights: Needed if the services involve creation, use, or transfer of IP
3. Insurance: Detailed insurance requirements for high-risk or regulated services
4. Regulatory Compliance: Specific compliance requirements for regulated industries
5. International Services: Additional provisions for cross-border service transfers
6. Business Continuity: Required for critical services requiring disaster recovery plans
7. Anti-Corruption: Required for international transfers or public sector services
8. Environmental Compliance: Needed for services with environmental impact
9. Subcontracting: Rules and conditions for engaging subcontractors
1. Service Specifications: Detailed technical specifications of services being transferred
2. Service Levels: Specific performance metrics, KPIs, and measurement methods
3. Pricing Schedule: Detailed breakdown of fees, costs, and payment terms
4. Transfer Plan: Detailed timeline and milestones for service transfer
5. RACI Matrix: Responsibility assignment matrix for service delivery
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Security Requirements: Detailed IT and physical security requirements
8. Contact Details: Key personnel and escalation contacts
9. Required Policies: Applicable operational policies and procedures
10. Exit Plan: Detailed procedures for service transition upon termination
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