Business Consultant Agreement Template for Germany

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Key Requirements PROMPT example:

Business Consultant Agreement

I need a Business Consultant Agreement for a technology transformation project starting March 2025, where the consultant will provide strategic advisory services for implementing new ERP systems and digital workflows, including strict data protection provisions and clear deliverables schedule.

Document background
The Business Consultant Agreement is essential for companies operating in Germany who engage external expertise for business advisory services. This document is crucial for establishing clear legal parameters of the consulting relationship while ensuring compliance with German law, particularly regarding independent contractor status versus employment relationships (Scheinselbständigkeit). It's designed to protect both parties' interests by clearly defining the scope of services, deliverables, compensation, and confidentiality obligations. The agreement incorporates necessary provisions for GDPR compliance, intellectual property protection, and liability limitations as required under German jurisdiction. It's particularly relevant in today's business environment where companies increasingly rely on external expertise for specialized knowledge and strategic guidance.
Suggested Sections

1. Parties: Identification of the contracting parties - the consultant and the client company, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting relationship

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Scope of Services: Detailed description of consulting services to be provided, including specific deliverables and any exclusions

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Independent Contractor Status: Clear statement of consultant's status as independent contractor to avoid Scheinselbständigkeit issues

8. Confidentiality: Obligations regarding confidential information and trade secrets in accordance with GeschGehG

9. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials

10. Liability and Indemnification: Scope of liability, limitations, and indemnification obligations under German law

11. Data Protection: GDPR compliance provisions and data processing obligations

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

Optional Sections

1. Non-Competition: Restrictions on competitive activities during and after the engagement, used when consultant will have access to sensitive competitive information

2. Service Levels: Specific performance metrics and standards, included for more complex engagements with measurable deliverables

3. Insurance: Requirements for professional liability insurance and other coverage, relevant for high-risk or regulated industry consulting

4. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries or specialized consulting

5. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID

6. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations or use of subcontractors

7. Dispute Resolution: Alternative dispute resolution procedures, useful for international consulting relationships

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of consulting services, methodologies, and specific deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, payment milestones, and expense categories

3. Schedule 3 - Key Personnel: List of key consultant personnel assigned to the project and their qualifications

4. Schedule 4 - Service Levels and KPIs: Detailed performance metrics and measurement criteria if applicable

5. Schedule 5 - Client Policies: Relevant client policies and procedures that consultant must comply with

6. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed

7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and specific protected information categories

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
Relevant Industries

Manufacturing

Technology

Financial Services

Healthcare

Automotive

Energy

Telecommunications

Retail

Professional Services

Industrial

Digital Media

Real Estate

Environmental Services

Education

Life Sciences

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Business Development

Project Management

Executive Leadership

Administration

Contracts Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Human Resources Director

Project Manager

Operations Director

Business Development Manager

Risk Manager

Compliance Officer

Department Head

Managing Director

General Counsel

Contract Manager

Finance Director

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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