Consulting Subcontractor Agreement Template for Denmark

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Key Requirements PROMPT example:

Consulting Subcontractor Agreement

I need a Consulting Subcontractor Agreement for engaging external IT security consultants in Denmark, with strict data protection clauses and provision for remote work, starting March 2025.

What is a Consulting Subcontractor Agreement?

The Consulting Subcontractor Agreement is essential for businesses operating in Denmark that engage external consultants through a primary contractor structure. This document is specifically designed to comply with Danish legal requirements and EU regulations, including GDPR and local business laws. It's typically used when a consulting firm needs to engage additional expertise or capacity through subcontractors while maintaining control over client relationships and project delivery. The agreement covers crucial elements such as scope of services, payment terms, intellectual property rights, confidentiality, and data protection, with particular attention to Danish commercial practices and regulatory requirements. The document is structured to protect all parties' interests while ensuring clarity in roles, responsibilities, and performance expectations.

What sections should be included in a Consulting Subcontractor Agreement?

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the subcontracting arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided, including any specific requirements or standards

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

6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, invoicing requirements, and payment methods

7. Performance Standards: Quality standards, deliverables, and performance metrics

8. Obligations of the Subcontractor: Key responsibilities, reporting requirements, and compliance obligations

9. Obligations of the Main Contractor: Support, information, and resources to be provided by the main contractor

10. Intellectual Property Rights: Ownership and usage rights of work products, pre-existing IP, and developed materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

14. Force Majeure: Circumstances excusing performance and related procedures

15. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Consulting Subcontractor Agreement?

1. Non-Competition: Restrictions on competitive activities, used when subcontractor may have access to sensitive market information or client relationships

2. Non-Solicitation: Restrictions on hiring or soliciting employees/clients, used when protecting business relationships is crucial

3. Warranties: Specific guarantees about services or capabilities, used for specialized consulting services

4. Service Levels: Detailed performance metrics and remedies, used for technical or mission-critical services

5. Change Control: Process for managing changes to services or terms, used in long-term or complex engagements

6. Compliance with Client Requirements: Flow-down provisions from end-client agreements, used when services are provided to end-clients

7. Insurance: Detailed insurance requirements, used for high-risk or regulated services

8. Business Continuity: Disaster recovery and business continuity requirements, used for critical services

9. Exit Assistance: Transition services upon termination, used for complex or integrated services

What schedules should be included in a Consulting Subcontractor Agreement?

1. Schedule A - Services Description: Detailed specification of consulting services, methodologies, and deliverables

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

3. Schedule C - Service Levels: Performance metrics, measurement methods, and remedies for non-performance

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

5. Schedule E - Key Personnel: Identification of key team members and their roles

6. Schedule F - Approved Subcontractors: List of pre-approved further subcontractors if applicable

7. Schedule G - Security Requirements: IT, physical, and data security requirements

8. Schedule H - Required Insurance: Detailed insurance requirements and minimum coverage levels

9. Appendix 1 - Form of Change Order: Template for documenting changes to services or terms

10. Appendix 2 - Acceptance Test Procedures: Procedures for accepting deliverables or milestones

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

Management Consulting

Professional Services

Financial Services

Healthcare

Engineering

Digital Transformation

Software Development

Business Advisory

Technical Consulting

Education and Training

Research and Development

Environmental Consulting

Human Resources

Relevant Teams

Legal

Procurement

Operations

Human Resources

Compliance

Risk Management

Project Management Office

Commercial

Vendor Management

Business Development

Finance

Relevant Roles

Legal Counsel

Procurement Manager

Contract Manager

Project Manager

Business Development Director

Operations Manager

HR Director

Compliance Officer

Risk Manager

Managing Partner

Chief Operating Officer

Program Manager

Vendor Manager

Commercial Director

Senior Consultant

Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Essential for establishing the basic contractual framework of the subcontractor agreement.
Danish Act on Services (Købeloven): Regulates service agreements and commercial relationships, relevant for defining service delivery terms and conditions.
EU General Data Protection Regulation (GDPR): Crucial for addressing data protection requirements and responsibilities, especially if personal data processing is involved in the consulting services.
Danish Copyright Act (Ophavsretsloven): Governs intellectual property rights, crucial for determining ownership and usage rights of work products created during the consulting engagement.
Danish Marketing Practices Act (Markedsføringsloven): Relevant for confidentiality and non-competition provisions, as well as general business conduct requirements.
Danish Act on Trade Secrets (Lov om forretningshemmeligheder): Important for protecting confidential business information and trade secrets shared during the consulting relationship.
Danish VAT Act (Momsloven): Necessary for ensuring proper tax treatment of consulting services and compliance with VAT requirements.
Danish Bookkeeping Act (Bogføringsloven): Relevant for record-keeping requirements and financial documentation of the consulting services.
Danish Personal Data Act (Persondataloven): Supplements GDPR in the Danish context for personal data processing requirements.
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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