Subcontractor Agreement Template for Denmark

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Key Requirements PROMPT example:

Subcontractor Agreement

I need a Subcontractor Agreement under Danish law for an IT services provider who will be handling our cloud infrastructure and processing customer data, with strict data protection provisions and specific service level requirements to ensure 99.9% system uptime.

What is a Subcontractor Agreement?

The Subcontractor Agreement is a essential legal instrument used in Danish business relationships where a main contractor delegates specific work or services to a specialized subcontractor. This document type is crucial for businesses operating under Danish jurisdiction who need to establish clear contractual frameworks for outsourced work while maintaining compliance with Danish legal requirements, including the Danish Contracts Act, Working Environment Act, and relevant industry regulations. The agreement typically covers comprehensive aspects of the business relationship, including detailed service specifications, payment terms, performance standards, and risk allocation. It's particularly important in complex projects where clear delineation of responsibilities, quality standards, and liability is essential. The document should be tailored to specific industry requirements while maintaining compliance with Danish business law and practice.

What sections should be included in a Subcontractor Agreement?

1. Parties: Identification and details of the main contractor and subcontractor, including company registration numbers (CVR numbers) and authorized representatives

2. Background: Context of the agreement, including reference to the main contract if applicable, and the purpose of the subcontracting relationship

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

4. Scope of Services: Detailed description of the services or work to be performed by the subcontractor

5. Duration and Timeline: Contract period, key milestones, and delivery schedules

6. Pricing and Payment Terms: Compensation structure, payment schedule, invoicing requirements, and payment terms in compliance with Danish Payment Act

7. Performance Standards: Quality requirements, KPIs, and acceptance criteria for the services

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

9. Obligations of the Main Contractor: Main contractor's responsibilities, including provision of information and access

10. Personnel and Workplace Safety: Requirements regarding personnel qualifications, compliance with Danish Working Environment Act, and safety protocols

11. Confidentiality: Confidentiality obligations and handling of sensitive information

12. Intellectual Property Rights: Ownership and usage rights of IP created during the contract

13. Liability and Indemnification: Liability limitations, indemnification obligations, and insurance requirements

14. Termination: Termination rights, notice periods, and consequences of termination

15. Force Majeure: Events constituting force majeure and their consequences

16. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

17. General Provisions: Standard clauses including amendments, assignments, and severability

What sections are optional to include in a Subcontractor Agreement?

1. Data Protection: Required when the subcontractor will process personal data, ensuring GDPR compliance

2. Non-Competition: Include when restricting the subcontractor from competing activities, ensuring compliance with Danish Competition Act

3. Equipment and Materials: Include when specific equipment or materials are provided by either party

4. Warranties: Include when specific warranties beyond standard performance obligations are required

5. Step-in Rights: Include for critical services where the main contractor may need to take over

6. Environmental Requirements: Include when environmental compliance or sustainability requirements are relevant

7. Export Control: Include when services involve international trade or technology transfer

8. Subcontractor's Own Subcontractors: Include when the subcontractor may engage their own subcontractors

What schedules should be included in a Subcontractor Agreement?

1. Schedule 1 - Service Specification: Detailed technical specifications of the services to be provided

2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and payment milestones

3. Schedule 3 - Service Levels: Specific KPIs, performance metrics, and measurement methods

4. Schedule 4 - Personnel: Key personnel, qualifications, and experience requirements

5. Schedule 5 - Compliance Requirements: Specific regulatory or industry compliance requirements

6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms if applicable

7. Schedule 7 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

8. Schedule 8 - Form of Performance Report: Template for regular performance reporting

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

Construction

Information Technology

Manufacturing

Engineering

Professional Services

Transportation and Logistics

Energy and Utilities

Telecommunications

Facilities Management

Industrial Services

Maritime and Shipping

Healthcare Services

Research and Development

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Finance

Risk and Compliance

Commercial

Project Management

Supply Chain

Quality Assurance

Technical Operations

Vendor Management

Business Development

Relevant Roles

Procurement Manager

Contract Manager

Project Manager

Legal Counsel

Commercial Director

Operations Manager

Supply Chain Manager

Chief Operating Officer

Risk Manager

Compliance Officer

Business Development Manager

Technical Director

Finance Director

General Counsel

Vendor Manager

Quality Assurance Manager

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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