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Outsourcing Contract Agreement for Belgium

Outsourcing Contract Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the terms and conditions for outsourcing services between a service provider and a client company. This document incorporates Belgian civil law requirements, EU regulations including GDPR, and specific provisions for employee rights under Belgian labor law. It details service levels, performance metrics, data protection requirements, intellectual property rights, and liability provisions while ensuring compliance with both Belgian national legislation and EU directives. The agreement includes specific provisions for service delivery, quality standards, pricing, and termination conditions, adapted to the Belgian business environment and legal framework.

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What is a Outsourcing Contract Agreement?

The Outsourcing Contract Agreement is a critical document used when a company (the client) wishes to delegate specific business functions or operations to an external service provider under Belgian law. This agreement is particularly relevant in today's business environment where companies seek to optimize operations, reduce costs, or access specialized expertise. The document addresses key aspects required by Belgian legislation and EU regulations, including GDPR compliance, employee rights protection, and service level requirements. It is designed to protect both parties' interests while ensuring compliance with Belgian civil law, labor regulations, and EU directives. The agreement becomes necessary when companies plan to outsource significant business functions, requiring detailed documentation of services, performance standards, data protection measures, and risk allocation between parties.

What sections should be included in a Outsourcing Contract Agreement?

1. Parties: Identification of the contracting parties - service provider and client

2. Background: Context of the agreement and brief description of the parties' business relationship

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

4. Scope of Services: Detailed description of services to be provided, including deliverables and exclusions

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

6. Service Provider Obligations: Key responsibilities and commitments of the service provider

7. Client Obligations: Key responsibilities and commitments of the client

8. Service Levels: Performance standards, metrics, and measurement methodology

9. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

10. Personnel and Resources: Requirements for staff, facilities, and resources

11. Data Protection and Privacy: GDPR compliance and data handling requirements

12. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP

13. Confidentiality: Protection of confidential information and trade secrets

14. Liability and Indemnification: Limitations of liability and indemnification obligations

15. Force Majeure: Provisions for unforeseen circumstances and their handling

16. Governing Law and Jurisdiction: Application of Belgian law and dispute resolution procedures

What sections are optional to include in a Outsourcing Contract Agreement?

1. Transfer of Employees: Required when the outsourcing involves transfer of employees under Belgian labor law

2. Business Continuity and Disaster Recovery: Required for critical services or when handling sensitive data

3. Compliance with Industry Standards: Required for regulated industries or specific technical requirements

4. Change Control Procedure: Recommended for long-term or complex service arrangements

5. Exit Management: Required for critical services or when significant transition period is needed

6. Security Requirements: Required when handling sensitive data or accessing client systems

7. Subcontracting: Required when service provider may use third-party contractors

8. Insurance: Required for high-risk services or when mandated by industry regulations

9. Environmental Compliance: Required for services with environmental impact

10. Anti-Corruption and Ethics: Required for international services or public sector contracts

What schedules should be included in a Outsourcing Contract Agreement?

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

2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and penalties

3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, rates, and payment terms

4. Schedule 4 - Personnel and Key Contacts: List of key personnel, roles, and contact information

5. Schedule 5 - Technical Requirements: Infrastructure, system, and technical specifications

6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Schedule 7 - Transition Plan: Implementation and service transition methodology

8. Schedule 8 - Exit Plan: Procedures and requirements for service termination

9. Appendix A - Approved Subcontractors: List of pre-approved third-party service providers

10. Appendix B - Security Policies: Detailed security requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































































Clauses







































Relevant Industries

Information Technology

Business Process Outsourcing

Manufacturing

Financial Services

Healthcare

Telecommunications

Logistics and Supply Chain

Human Resources

Facilities Management

Professional Services

Research and Development

Customer Service

Relevant Teams

Legal

Procurement

Operations

Finance

Human Resources

Information Technology

Compliance

Risk Management

Vendor Management

Project Management

Data Protection

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

General Counsel

Procurement Manager

Vendor Management Director

Operations Director

Legal Counsel

Contract Manager

Risk Management Officer

Compliance Officer

Human Resources Director

IT Director

Project Manager

Business Unit Head

Data Protection Officer

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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