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Engagement Agreement for Germany

Engagement Agreement Template for Germany

A comprehensive legal document governed by German law that establishes and regulates the professional relationship between a service provider and client. This agreement outlines the scope of services, responsibilities, compensation terms, and other essential provisions in accordance with German Civil Code (BGB) requirements, particularly §§611-630 regarding service contracts. It includes specific provisions for data protection under GDPR, confidentiality obligations, and professional standards compliance, while addressing liability limitations permitted under German law. The document serves as the primary framework for professional engagements in Germany, ensuring clarity and legal certainty for both parties.

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What is a Engagement Agreement?

The Engagement Agreement (Dienstleistungsvertrag) is a fundamental document used in German business practice to formalize professional service relationships. It is essential when engaging external professionals, consultants, or service firms for specific projects or ongoing services. The agreement must comply with German Civil Code (BGB) requirements, particularly regarding service contracts (Dienstvertrag), and incorporate necessary provisions for data protection under GDPR. This document type is commonly used across various professional sectors in Germany, from consulting and advisory services to specialized technical services. The Engagement Agreement typically includes detailed service descriptions, fee structures, liability provisions, and specific obligations of both parties, while ensuring compliance with relevant professional regulations and German legal requirements.

What sections should be included in a Engagement Agreement?

1. Parties: Identification and details of the service provider and client, including full legal names, addresses, and registration details if applicable

2. Background: Context of the engagement and general purpose of the agreement

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

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

5. Term and Termination: Duration of the engagement and conditions for termination

6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing procedures

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

8. Obligations of the Client: Client's responsibilities and commitments, including cooperation and information provision

9. Data Protection: GDPR compliance provisions and data processing terms

10. Confidentiality: Confidentiality obligations and handling of sensitive information

11. Liability and Limitation: Scope of liability and any limitations under German law

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a Engagement Agreement?

1. Intellectual Property Rights: Required when the services involve creation or use of intellectual property

2. Non-Competition: Include when protecting against competitive activities is relevant

3. Insurance: Required when specific insurance coverage needs to be maintained

4. Force Majeure: Optional clause for addressing unforeseen circumstances

5. Assignment and Subcontracting: Include when transfer of rights or use of subcontractors needs to be addressed

6. Compliance with Professional Regulations: Required for regulated professions (lawyers, tax advisors, etc.)

7. Quality Standards: Include when specific quality standards or certifications must be maintained

8. Dispute Resolution: Optional alternative dispute resolution procedures before court litigation

What schedules should be included in a Engagement Agreement?

1. Service Description Schedule: Detailed breakdown of services, methodologies, and deliverables

2. Fee Schedule: Detailed fee structure, rates, and payment terms

3. Data Processing Agreement: Required under GDPR when personal data processing is involved

4. Key Personnel: List of key team members and their roles when relevant

5. Service Levels: Performance metrics and service level agreements if applicable

6. Compliance Requirements: Specific regulatory or professional requirements applicable to the engagement

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

Germany

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions












































Clauses









































Relevant Industries

Professional Services

Management Consulting

IT Consulting

Legal Services

Financial Services

Tax Advisory

Business Advisory

Engineering Services

Healthcare Services

Education and Training

Marketing and Communications

Human Resources

Relevant Teams

Legal

Procurement

Finance

Human Resources

Compliance

Risk Management

Operations

Project Management

Business Development

Professional Services

Administration

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Procurement Manager

Contract Manager

Project Manager

Human Resources Director

Finance Director

Business Development Manager

Operations Manager

Compliance Officer

Risk Manager

Department Head

Managing Partner

Professional Services 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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