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Expert Retainer Agreement Template for Germany

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Key Requirements PROMPT example:

Expert Retainer Agreement

"I need an Expert Retainer Agreement under German law for engaging a cybersecurity consultant to provide ongoing security assessments and incident response services starting March 2025, with strict confidentiality provisions and GDPR compliance requirements."

Document background
The Expert Retainer Agreement is designed for situations where organizations require ongoing access to specialized expertise without establishing an employment relationship. This document, governed by German law, provides a legal framework for engaging independent experts or consultants on a retained basis. It includes essential provisions required under German civil law (BGB), addresses independence criteria to avoid employment classification, and incorporates necessary compliance elements such as data protection under GDPR. The agreement is particularly useful for long-term consulting relationships where services are needed regularly but not on a full-time basis, offering flexibility while ensuring legal compliance and protecting both parties' interests.
Suggested Sections

1. Parties: Identification of the client and the expert, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the expert's qualifications and client's needs

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of expert's appointment and general scope of services

5. Nature of Relationship: Clear statement of independent contractor status and non-employment relationship

6. Expert's Obligations: Detailed responsibilities, quality standards, and performance requirements

7. Client's Obligations: Client's responsibilities including providing information and cooperation

8. Fees and Payment: Payment terms, rate structure, expenses, and invoicing procedures

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Liability and Insurance: Limitation of liability, indemnification, and required insurance coverage

11. Term and Termination: Duration of agreement and termination provisions

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Data Protection: Required if the expert will process personal data, detailing GDPR compliance obligations

2. Intellectual Property: Needed if the expert will create intellectual property during the engagement

3. Access and Security: Required if the expert needs access to client premises or IT systems

4. Non-Competition: Optional restrictions on expert's activities with competitors (subject to German law limitations)

5. Subcontracting: Required if the expert may delegate work to other professionals

6. Equipment and Resources: Needed if specific provisions about tools and resources are required

7. Quality Assurance: Optional section detailing specific quality standards and review processes

8. Compliance with Laws: Required for regulated industries or when specific regulatory compliance is needed

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and performance metrics

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

3. Schedule 3 - Service Levels: Specific performance standards and response times

4. Schedule 4 - Key Personnel: Details of key expert team members if applicable

5. Appendix 1 - Data Processing Agreement: Required GDPR compliance documentation if personal data is processed

6. Appendix 2 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

Authors

Alex Denne

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

Relevant legal definitions



































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Relevant Industries

Professional Services

Technology

Healthcare

Financial Services

Manufacturing

Engineering

Legal Services

Management Consulting

IT Services

Research and Development

Education

Pharmaceuticals

Construction

Energy

Telecommunications

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Project Management

Compliance

Risk Management

Technical Operations

Business Development

Contract Management

Relevant Roles

Legal Counsel

Procurement Manager

HR Director

Chief Financial Officer

Operations Manager

Project Manager

Compliance Officer

Risk Manager

Technical Director

Department Head

Managing Director

Chief Executive Officer

Contract Manager

Business Development Manager

Consulting Manager

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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