The Consultancy Agreement Between Company And Individual is essential for businesses operating in the Netherlands that engage independent professionals for specific projects or expertise. This agreement is designed to comply with Dutch legal requirements, particularly the Wet DBA, which regulates independent contractor relationships. It's crucial for establishing clear boundaries between employment and independent consultancy, addressing tax implications, and ensuring proper handling of intellectual property and confidential information. The document should be used when engaging individual consultants for professional services, whether for short-term projects or ongoing advisory roles, and includes specific provisions for Dutch VAT handling, professional liability, and data protection under GDPR. This template is regularly updated to reflect changes in Dutch legislation affecting independent contractor relationships.
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1. Parties: Identification of the company and the individual consultant, including registration/tax numbers
2. Background: Context of the agreement and confirmation of consultant's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the consultancy services to be provided
5. Term and Termination: Duration of the agreement and termination provisions
6. Fees and Payment: Consultation rates, payment terms, expenses, and VAT arrangements
7. Obligations of the Consultant: Key responsibilities, availability, reporting requirements
8. Obligations of the Company: Company's responsibilities including information and access provision
9. Independent Contractor Status: Clear stipulation of self-employed status and DBA compliance
10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP
11. Confidentiality: Protection of business information and trade secrets
12. Data Protection: GDPR compliance and personal data processing arrangements
13. Liability and Indemnification: Limitation of liability and professional indemnity requirements
14. Insurance: Required insurance coverage and minimum amounts
15. General Provisions: Standard clauses including governing law, notices, and amendments
1. Non-Competition: Restrictions on working with competitors, used when consultant has access to sensitive information
2. Non-Solicitation: Restrictions on soliciting clients/employees, used for client-facing roles
3. Service Levels: Specific performance metrics, used for technical or specialized services
4. Substitute Provision: Right to provide a substitute consultant, strengthening independent contractor status
5. Equipment and Resources: Provisions about work tools and resources, used when specific equipment is required
6. Training and Compliance: Required training or compliance measures, used in regulated industries
7. Exit Provisions: Detailed handover requirements, used for long-term or complex engagements
1. Schedule 1 - Services Description: Detailed scope of work, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment arrangements
3. Schedule 3 - Service Levels: Performance metrics and quality standards if applicable
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
5. Schedule 5 - Company Policies: Relevant company policies applicable to consultants
6. Appendix A - Model Compliance Declaration: DBA model agreement compliance declaration
7. Appendix B - Insurance Requirements: Detailed insurance requirements and coverage levels
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