IT Outsourcing Agreement Template for Netherlands

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your IT Outsourcing Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

IT Outsourcing Agreement

"I need an IT Outsourcing Agreement under Dutch law for outsourcing our entire IT infrastructure and support services to a third-party provider, with specific emphasis on GDPR compliance and employee transfer provisions, as we plan to transfer 25 IT staff members to the service provider starting March 2025."

Document background
This IT Outsourcing Agreement is designed for use under Dutch law when an organization wishes to engage an external provider for IT services, infrastructure management, or operational support. The document addresses critical aspects such as service delivery, performance standards, data protection (under GDPR and Dutch Implementation Act), security requirements, and risk allocation. It includes mandatory Dutch law provisions regarding contract formation, liability limitations, and data processing requirements. The agreement is particularly relevant in the context of digital transformation initiatives, cost optimization projects, or strategic IT sourcing decisions. The IT Outsourcing Agreement incorporates EU-compliant data processing terms, Dutch employment law considerations for any transferred employees, and specific provisions for intellectual property rights under Dutch law. It provides a comprehensive framework for managing the outsourcing relationship while ensuring compliance with both Dutch and EU regulatory requirements.
Suggested Sections

1. Parties: Identification of contracting parties, including registered addresses and company details

2. Background: Context of the agreement, business objectives, and general intent of the parties

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Services: Detailed description of IT services to be provided, including scope and exclusions

5. Service Levels: Performance standards, KPIs, and measurement methodology

6. Term and Termination: Duration of agreement, renewal terms, and termination rights

7. Charges and Payment: Pricing structure, payment terms, and invoicing procedures

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

9. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements

12. Force Majeure: Events excusing performance and related procedures

13. Governance: Contract management, escalation procedures, and reporting requirements

14. Exit and Migration: Termination assistance and transition requirements

Optional Sections

1. Personnel Transfer: Required when the outsourcing involves transfer of employees under Dutch law

2. Hardware and Assets: Include when physical assets or hardware are provided as part of the service

3. Disaster Recovery: Detailed section needed for critical services requiring specific DR arrangements

4. Regulatory Compliance: Required for regulated industries or when handling sensitive data

5. Anti-Bribery and Corruption: Include for international services or when required by corporate policies

6. Environmental Requirements: Include when services have significant environmental impact

7. Subcontracting: Required when supplier needs right to subcontract certain services

8. Change Control: Detailed procedures for when significant service changes are anticipated

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical and operational description of services

2. Schedule 2 - Service Levels and KPIs: Detailed service levels, measurement methods, and penalties

3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones

4. Schedule 4 - Customer Dependencies: Customer obligations and requirements for service delivery

5. Schedule 5 - GDPR Processing Details: Mandatory schedule detailing all aspects of personal data processing

6. Schedule 6 - Security Requirements: Detailed security policies and procedures

7. Schedule 7 - Governance and Reporting: Detailed governance structure, meetings, and reports

8. Schedule 8 - Form of Change Order: Template for documenting agreed changes

9. Schedule 9 - Exit Plan: Detailed exit management and migration procedures

10. Appendix A - Key Personnel: List of key personnel from both parties

11. Appendix B - Approved Subcontractors: List of pre-approved subcontractors 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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Healthcare

Technology

Manufacturing

Retail

Professional Services

Public Sector

Telecommunications

Energy and Utilities

Transportation and Logistics

Education

Insurance

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Finance

Operations

Vendor Management

Data Protection

Project Management

Relevant Roles

Chief Information Officer

IT Director

Procurement Manager

Legal Counsel

Data Protection Officer

IT Service Delivery Manager

Contract Manager

Chief Technology Officer

Information Security Manager

Risk Manager

Vendor Manager

Operations Director

Chief Financial Officer

Commercial Manager

Project Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of contract law in the Netherlands, particularly Book 6 on general contract law and Book 7 on specific contracts. Governs basic contractual principles, formation, validity, and enforcement.
GDPR (General Data Protection Regulation): EU-wide regulation implemented in Dutch law, crucial for data processing agreements, data transfer, and data protection requirements in IT outsourcing.
Dutch GDPR Implementation Act (Uitvoeringswet AVG): National implementation of GDPR, providing specific Dutch requirements for data protection.
Dutch Telecommunications Act (Telecommunicatiewet): Regulates electronic communications services and networks, relevant for IT services and infrastructure.
Dutch Copyright Act (Auteurswet): Governs intellectual property rights, particularly relevant for software, documentation, and other IT deliverables.
Dutch Working Conditions Act (Arbeidsomstandighedenwet): Relevant when outsourcing involves transfer of employees or when contractor's employees work on client premises.
Dutch Works Councils Act (Wet op de ondernemingsraden): May be relevant if outsourcing affects a significant part of the organization requiring works council consultation.
Network and Information Systems Security Act (Wet beveiliging netwerk- en informatiesystemen): Implements EU NIS Directive, setting cybersecurity requirements for digital service providers.
Dutch Public Procurement Act (Aanbestedingswet): Applicable if one of the parties is a public entity, governing the procurement process.
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

Find the exact document you need

Recruitment Process Outsourcing Contract

Dutch law-governed agreement for outsourcing recruitment processes to a specialized service provider, including service terms, performance metrics, and compliance requirements.

find out more

Call Center Outsourcing Agreement

Dutch law-governed agreement for outsourcing call center operations, covering service delivery, compliance, and operational requirements.

find out more

Business Process Outsourcing Agreement

Dutch law-governed agreement for outsourcing business processes, covering service delivery, performance metrics, and compliance requirements under Dutch and EU legislation.

find out more

Recruitment Process Outsourcing Agreement

Dutch law-governed agreement for outsourcing recruitment processes to an external service provider, including service delivery, compliance, and operational terms.

find out more

Outsourced Employee Contract

Dutch law-governed agreement establishing terms for outsourced employment between an agency, client company, and employee.

find out more

IT Outsourcing Agreement

Dutch law-governed agreement for outsourcing IT services, covering service delivery, data protection, and operational requirements under EU and Dutch regulations.

find out more

Software Development Outsourcing Contract

Dutch law-governed contract template for outsourcing software development services, ensuring regulatory compliance and project delivery framework.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

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.