Senior Advisor Agreement Template for Germany

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Key Requirements PROMPT example:

Senior Advisor Agreement

I need a Senior Advisor Agreement under German law for engaging a technology transformation expert starting January 2025, with specific provisions for data protection compliance and handling of AI-related intellectual property.

Document background
The Senior Advisor Agreement is designed for use when companies operating under German jurisdiction seek to formally engage experienced professionals in advisory capacities without creating an employment relationship. This document is particularly relevant for situations requiring strategic guidance, industry expertise, or specialized knowledge on a flexible, non-permanent basis. The agreement carefully navigates German legal requirements regarding independent contractor status, addressing key aspects such as service scope, compensation, intellectual property rights, and confidentiality while ensuring compliance with German civil law, tax regulations, and data protection requirements. It's structured to clearly differentiate the advisory role from employment, incorporating necessary safeguards against potential misclassification under German labor law.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the senior advisor, including full legal names and addresses

2. Background: Context of the agreement, including the advisor's expertise and the company's need for advisory services

3. Definitions: Key terms used throughout the agreement

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

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

6. Compensation and Payment Terms: Fees, payment schedule, and reimbursement of expenses

7. Independent Contractor Status: Clear establishment of the advisor's status as an independent contractor

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Intellectual Property Rights: Ownership and handling of IP created during the engagement

10. Tax and Social Security: Responsibilities for tax payments and social security contributions

11. Liability and Indemnification: Extent of advisor's liability and indemnification provisions

12. Data Protection: GDPR compliance and data handling requirements

13. Governing Law and Jurisdiction: Specification of German law and competent courts

14. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

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

2. Insurance: Requirements for professional liability insurance, relevant for high-risk advisory services

3. Performance Metrics: Specific KPIs or performance standards, used when measuring advisor's effectiveness is crucial

4. Compliance with Company Policies: Adherence to specific company policies, relevant when advisor works closely with internal teams

5. Assignment and Delegation: Rights to assign or delegate duties, important when advisor may need to involve other experts

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

7. Severability: Provisions for partial invalidity, important in complex regulatory environments

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of specific advisory services, deliverables, and time commitments

2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment terms, and expense categories

3. Schedule C - Key Contacts: List of key company personnel the advisor will work with

4. Appendix 1 - Confidentiality Agreement: Detailed NDA terms and specifications of confidential information

5. Appendix 2 - Compliance Guidelines: Specific compliance requirements and procedures

6. Appendix 3 - Reporting Templates: Standard formats for activity reports and invoicing

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

Clauses
Relevant Industries

Financial Services

Management Consulting

Technology

Healthcare

Manufacturing

Energy

Telecommunications

Real Estate

Private Equity

Pharmaceuticals

Automotive

Professional Services

Relevant Teams

Legal

Human Resources

Finance

Procurement

Strategy

Operations

Executive Office

Corporate Development

Innovation

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Board Member

Managing Director

Head of Strategy

Senior Consultant

Industry Expert

Technical Specialist

Former Executive

Strategic Advisor

Subject Matter Expert

Business Development Director

Innovation Consultant

Digital Transformation Advisor

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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