Create a bespoke document in minutes, or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership of your information
Independent Contractor Agreement
I need an independent contractor agreement for a freelance graphic designer who will work on a project basis for a duration of 6 months, with specific deliverables outlined in the contract. The agreement should include payment terms, confidentiality clauses, and a provision for termination with a 2-week notice period.
What is an Independent Contractor Agreement?
An Independent Contractor Agreement spells out the business relationship between a freelancer and the company hiring them in the Netherlands. It clearly defines that the contractor works independently, not as an employee, which helps avoid issues with Dutch labor laws and tax authorities (Belastingdienst).
The agreement covers essential details like project scope, payment terms, intellectual property rights, and liability protection. It's particularly important under Dutch law to establish genuine self-employment (zelfstandig ondernemerschap) and avoid what's known as false self-employment (schijnzelfstandigheid), which can result in significant penalties for both parties.
When should you use an Independent Contractor Agreement?
Use an Independent Contractor Agreement when hiring freelancers, consultants, or self-employed professionals (ZZP'ers) in the Netherlands for specific projects or services. This becomes essential before any work begins, especially for engagements lasting longer than a month or involving sensitive company information.
The agreement proves particularly valuable when working with technical specialists, creative professionals, or business consultants. It helps prevent disputes with Dutch tax authorities about employment status, protects your intellectual property, and establishes clear deliverables. For contractors earning above €75,000 annually, having this agreement supports their position as genuine entrepreneurs under Dutch tax law.
What are the different types of Independent Contractor Agreement?
- Simple Independent Contractor Agreement: Basic version for straightforward projects with clear deliverables and minimal complexity
- Contractor Employee Agreement: Detailed agreement for long-term contractors with specific workplace integration needs
- Freelance Agreement Contract: Tailored for creative and technical freelancers with intellectual property provisions
- Independent Contract Agreement: Comprehensive version with detailed scope and compliance safeguards for high-value projects
- Freelance Employment Contract: Specialized agreement for ZZP'ers requiring clear self-employment status documentation
Who should typically use an Independent Contractor Agreement?
- Independent Contractors (ZZP'ers): Self-employed professionals who provide services, including consultants, IT specialists, designers, and other skilled freelancers
- Client Companies: Dutch businesses or organizations hiring contractors for specific projects or ongoing work
- Legal Advisors: Help draft and review agreements to ensure compliance with Dutch self-employment regulations
- Tax Authorities (Belastingdienst): Review these agreements when assessing contractor status and tax obligations
- Industry Associations: Provide guidance and template agreements for their members, especially in tech and creative sectors
How do you write an Independent Contractor Agreement?
- Basic Details: Gather contractor's KvK number, VAT registration, and business address along with project specifics
- Scope Definition: Document clear deliverables, timelines, and quality standards for the project
- Payment Terms: Determine hourly rate or project fee, payment schedule, and invoice requirements
- Legal Requirements: Check Dutch self-employment criteria to avoid schijnzelfstandigheid (false self-employment)
- Project Specifics: List required equipment, workspace arrangements, and confidentiality needs
- Documentation: Collect proof of necessary insurance and professional certifications
- Review Process: Our platform generates compliant agreements tailored to Dutch law, ensuring all essential elements are included
What should be included in an Independent Contractor Agreement?
- Party Information: Full business details including KvK numbers and VAT registration for both parties
- Service Description: Detailed scope of work, deliverables, and performance standards
- Independence Declaration: Clear statements establishing genuine self-employment status under Dutch law
- Payment Terms: Fee structure, invoice requirements, and payment schedules in euros
- Intellectual Property: Ownership and transfer of work products and innovations
- Liability & Insurance: Professional liability coverage requirements and risk allocation
- Termination Clauses: Notice periods and conditions for ending the agreement
- Data Protection: GDPR compliance measures and confidentiality obligations
What's the difference between an Independent Contractor Agreement and an Agency Agreement?
An Independent Contractor Agreement differs significantly from a Agency Agreement in several key aspects under Dutch law, though both involve business relationships. The main distinctions focus on control, liability, and representation rights.
- Control and Independence: Independent contractors maintain complete autonomy over their work methods and schedule, while agency agreements establish a representative relationship with specific authority to act on behalf of the principal
- Legal Representation: Agency agreements grant power to legally bind the principal company in transactions, while contractors cannot represent or commit the client company
- Tax Treatment: Independent contractors handle their own tax obligations as ZZP'ers, whereas agents might be treated differently under Dutch tax law depending on the agreement structure
- Liability Structure: Contractors bear responsibility for their own work and insurance, while agents often share liability protection from their principal company
Download our whitepaper on the future of AI in Legal
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
Our bank-grade security infrastructure undergoes regular external audits
We are ISO27001 certified, so your data is secure
Organizational security
You retain IP ownership of your documents
You have full control over your data and who gets to see it
Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a £1 million research project on privacy and anonymity in legal contracts
Want to know more?
Visit our Trust Centre for more details and real-time security updates.
Read our Privacy Policy.