Freelance Agreement for the Netherlands

Freelance Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes and regulates the professional relationship between a client organization and an independent contractor (freelancer). This document defines the scope of services, payment terms, intellectual property rights, and ensures compliance with Dutch legislation, particularly the Wet DBA. It includes provisions for maintaining clear independent contractor status, managing tax obligations, and addressing data protection requirements under GDPR, while providing flexibility for project-specific requirements and protecting both parties' interests.

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What is a Freelance Agreement?

This Freelance Agreement template is designed for use in the Netherlands, complying with Dutch civil law and specific legislation governing independent contractor relationships. The agreement is essential when engaging freelancers (ZZP'ers) for professional services, ensuring clear distinction from employment relationships as required by the Wet DBA. It covers crucial aspects such as service scope, payment terms, intellectual property rights, and data protection, while maintaining the independent nature of the relationship. The document is structured to protect both parties' interests while ensuring compliance with Dutch tax regulations, social security laws, and EU data protection requirements. This template should be customized based on the specific services being provided and the sector in which the freelancer will operate.

What sections should be included in a Freelance Agreement?

1. Parties: Identification of the contracting parties - the client and the freelancer, including their registered addresses and registration numbers (KvK numbers)

2. Background: Context of the agreement and confirmation of freelancer's independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided by the freelancer

5. Term and Termination: Duration of the agreement and termination provisions

6. Fees and Payment Terms: Compensation, payment schedule, expenses, and VAT arrangements

7. Independent Contractor Status: Clear stipulation of the freelancer's independent status and relationship with the client

8. Intellectual Property Rights: Ownership and transfer of IP created during the engagement

9. Confidentiality: Protection of confidential information and trade secrets

10. Liability and Indemnification: Limitation of liability and indemnification obligations

11. Insurance: Required insurance coverage to be maintained by the freelancer

12. Data Protection: GDPR compliance and data processing obligations

13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes

14. Entire Agreement: Integration clause and relationship to other agreements

What sections are optional to include in a Freelance Agreement?

1. Non-Competition: Restrictions on competing activities, used when freelancer will have access to sensitive business information

2. Non-Solicitation: Restrictions on soliciting clients or employees, used when freelancer will have significant client or employee contact

3. Equipment and Resources: Provisions regarding tools and resources provided by either party, used when specific equipment or resources are required

4. Performance Metrics: Specific KPIs or quality standards, used for projects requiring measurable outcomes

5. Substitute Personnel: Right to provide substitute personnel, used when personal service is not essential

6. Client Property: Handling of client materials and property, used when freelancer will handle client assets

7. Training Requirements: Specific training or certification requirements, used in regulated industries or specialized work

8. Force Majeure: Provisions for unforeseen circumstances, used for long-term or critical service arrangements

What schedules should be included in a Freelance Agreement?

1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Service Levels: Performance standards and quality metrics if applicable

4. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

5. Appendix B - Security Requirements: IT and physical security requirements if applicable

6. Appendix C - Project Timeline: Detailed project phases and deadlines if project-based

7. Appendix D - Approved Substitute Personnel: List of pre-approved substitutes if applicable

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Relevant Industries

Information Technology

Management Consulting

Creative Industries

Professional Services

Healthcare

Education

Financial Services

Engineering

Marketing and Communications

Construction

Research and Development

Media and Entertainment

Legal Services

Human Resources

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Compliance

Contract Management

Business Administration

Risk Management

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Project Manager

Department Head

Finance Director

Operations Manager

Compliance Officer

Contract Manager

Business Unit Director

Resource Manager

Chief Financial Officer

Chief Operating Officer

Managing Director

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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