Shared Services Agreement Template for Denmark

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Key Requirements PROMPT example:

Shared Services Agreement

I need a Shared Services Agreement for our Danish parent company to provide IT, HR, and finance support services to our three Nordic subsidiaries, with implementation planned for March 2025; the agreement should include detailed data protection provisions and cross-border service delivery requirements.

What is a Shared Services Agreement?

This Shared Services Agreement template is designed for use under Danish law when establishing or formalizing shared service arrangements between organizations or within corporate groups. It provides a comprehensive framework for centralizing and standardizing support functions such as IT, HR, finance, procurement, or other business processes. The document incorporates requirements from Danish contract law, EU regulations (particularly GDPR), and industry best practices. It is particularly useful for organizations looking to achieve economies of scale, improve service quality, and standardize processes while maintaining clear accountability and governance structures. The agreement includes detailed provisions for service delivery, performance measurement, cost allocation, and risk management, making it suitable for both simple and complex shared services arrangements.

What sections should be included in a Shared Services Agreement?

1. Parties: Identification of the service provider and service recipient(s), including company details and registration numbers

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

3. Definitions and Interpretation: Key terms used throughout the agreement, interpretation rules, and order of precedence

4. Services Scope: Detailed description of services to be provided, service categories, and general service obligations

5. Service Levels and KPIs: Performance standards, measurement criteria, and reporting requirements

6. Charges and Payment: Pricing structure, payment terms, invoicing procedures, and cost allocation methods

7. Governance and Management: Service management structure, reporting lines, escalation procedures, and review processes

8. Data Protection and Security: GDPR compliance, data processing terms, security requirements, and confidentiality obligations

9. Staff and Resources: Personnel obligations, key staff provisions, training requirements, and resource management

10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created IP

11. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions

12. Term and Termination: Duration, renewal options, termination rights, and consequences of termination

13. Exit and Migration: Exit planning, knowledge transfer, and transition assistance obligations

14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, force majeure, and notices

What sections are optional to include in a Shared Services Agreement?

1. Change Control: Procedures for managing changes to services or agreement terms - include if services are likely to evolve significantly

2. Business Continuity and Disaster Recovery: Recovery procedures and continuity planning - include for critical services

3. Compliance and Audit Rights: Regulatory compliance obligations and audit provisions - include for regulated industries

4. Asset Transfer: Terms for transfer of assets between parties - include if physical or digital assets are being transferred

5. Third Party Rights: Rights of third parties under the agreement - include if services affect third party beneficiaries

6. Insurance: Insurance requirements and obligations - include for high-risk services

7. Anti-corruption and Ethics: Compliance with anti-corruption laws and ethical standards - include for international arrangements

8. Environmental Compliance: Environmental obligations and sustainability requirements - include if environmentally sensitive

9. Subcontracting: Terms for appointment and management of subcontractors - include if subcontracting is anticipated

What schedules should be included in a Shared Services Agreement?

1. Service Description: Detailed specifications of each service category and delivery requirements

2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and service credit regime

3. Charges: Detailed pricing structure, rate cards, and cost allocation methodology

4. Governance Procedures: Detailed governance framework, meeting schedules, and reporting requirements

5. Data Processing Agreement: Detailed GDPR-compliant data processing terms and security requirements

6. Staff and Key Personnel: Details of key staff, roles, responsibilities, and any TUPE implications

7. Form of Service Request: Template for requesting additional or modified services

8. Business Continuity Plan: Detailed continuity and disaster recovery procedures

9. Exit Plan: Detailed exit management and transition procedures

10. Authorized Subcontractors: List of approved subcontractors and their roles

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

Financial Services

Manufacturing

Technology

Healthcare

Retail

Professional Services

Energy

Telecommunications

Consumer Goods

Transportation and Logistics

Real Estate

Education

Pharmaceuticals

Insurance

Media and Entertainment

Relevant Teams

Legal

Finance

Human Resources

Information Technology

Operations

Procurement

Compliance

Risk Management

Commercial

Strategy

Project Management

Service Delivery

Business Development

Internal Audit

Facilities Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Head of Shared Services

Legal Counsel

Procurement Manager

Operations Director

Service Delivery Manager

Contract Manager

Finance Director

HR Director

IT Director

Compliance Officer

Risk Manager

Business Unit Head

Commercial Director

Project Manager

Strategy Director

Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Essential for establishing the basic framework of the shared services agreement.
EU General Data Protection Regulation (GDPR): Crucial for regulating the processing and transfer of personal data between parties in the shared services arrangement, including cross-border data transfers.
Danish Data Protection Act (Databeskyttelsesloven): National implementation of GDPR, providing specific Danish requirements for data protection and privacy.
Danish Competition Act (Konkurrenceloven): Ensures the shared services agreement doesn't contain anti-competitive provisions or create market dominance issues.
Danish Employment Law (Ansættelsesbevisloven): Relevant for aspects of the agreement that involve staff transfers, secondments, or shared employment arrangements.
Danish Bookkeeping Act (Bogføringsloven): Important for shared services involving accounting, financial processing, or record-keeping functions.
Danish Marketing Practices Act (Markedsføringsloven): Applicable if the shared services include marketing activities or customer-facing services.
EU Electronic Commerce Directive (as implemented in Danish law): Relevant if the shared services include digital or online service provisions.
Danish Act on Services in the Internal Market: Implements EU Services Directive, relevant for cross-border service provisions within the EU.
Danish Financial Business Act (Lov om finansiel virksomhed): Applicable if shared services involve financial services or activities regulated by financial authorities.
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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