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Self Employed Agreement Template for Germany

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Key Requirements PROMPT example:

Self Employed Agreement

"I need a Self Employed Agreement under German law for a software development contractor who will be working remotely from Berlin on our AI project starting March 2025, with strict IP protection and data security requirements."

Document background
The Self Employed Agreement (Freier Mitarbeitervertrag) is essential for businesses operating in Germany who engage independent contractors. This document is specifically designed to comply with German legal requirements and addresses the critical distinction between employment and self-employment, helping avoid issues of pseudo-employment (Scheinselbst盲ndigkeit). It is typically used when engaging professionals who provide services independently, incorporating necessary provisions for GDPR compliance, tax regulations, and social security requirements. The agreement includes comprehensive terms covering service delivery, payment structures, intellectual property rights, and termination provisions, while maintaining alignment with German commercial law and the German Civil Code (BGB). It's particularly relevant in today's growing gig economy and for companies embracing flexible workforce solutions while ensuring legal compliance.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and confirmation of contractor's self-employed status

3. Definitions: Key terms used throughout the agreement

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

5. Term and Engagement: Duration of the agreement and conditions for engagement

6. Contractor Status: Clear statement of independent contractor relationship and measures to avoid pseudo-employment

7. Remuneration and Payment Terms: Fee structure, payment schedule, expenses, and invoicing requirements

8. Contractor's Obligations: Key responsibilities, including service delivery, compliance with laws, and professional standards

9. Client's Obligations: Client's responsibilities including cooperation, access, and information provision

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

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

14. Termination: Termination rights, notice periods, and consequences of termination

15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when contractor has access to sensitive business information

2. Equipment and Resources: Provisions regarding use of own vs. client equipment, needed when specific tools or resources are required

3. Quality Control: Specific quality standards and review processes, important for technical or professional services

4. Substitute Performance: Right to use subcontractors or assistants, included when relevant to service delivery

5. Professional Qualifications: Required certifications or qualifications, necessary for regulated professions

6. Health and Safety: Safety requirements and responsibilities, important for on-site services

7. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant post-COVID

8. Client References: Terms for using client as reference, important for professional services

9. Training Requirements: Specific training or certification requirements, needed for technical services

Suggested Schedules

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

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

3. Schedule 3 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements

5. Appendix A - Required Qualifications: List of required professional qualifications and certifications

6. Appendix B - Approved Subcontractors: List of pre-approved subcontractors or substitutes if applicable

7. Appendix C - Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 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

Information Technology

Consulting

Professional Services

Creative Industries

Engineering

Healthcare

Education

Construction

Marketing

Financial Services

Media and Entertainment

Scientific Research

Technical Services

Business Advisory

Digital Services

Relevant Teams

Legal

Human Resources

Procurement

Finance

Compliance

Operations

Project Management Office

Risk Management

Talent Acquisition

Vendor Management

Relevant Roles

Freelance Consultant

Independent Software Developer

Self-Employed Designer

Contract Project Manager

Freelance Marketing Specialist

Independent Business Analyst

Contract Research Scientist

Freelance Content Creator

Independent Financial Advisor

Contract Engineer

Self-Employed Trainer

Freelance Technical Writer

Independent Healthcare Professional

Contract Data Analyst

Freelance Creative 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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