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Standard Independent Contractor Agreement

Standard Independent Contractor Agreement Template for Netherlands

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Key Requirements PROMPT example:

Standard Independent Contractor Agreement

"I need a Standard Independent Contractor Agreement for a software developer who will be working remotely from the Netherlands on our financial trading platform starting March 2025, with specific provisions for source code ownership and data security requirements."

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Document background
The Standard Independent Contractor Agreement is designed for use in the Netherlands when engaging self-employed professionals (ZZP'ers) or independent contractors for various business purposes. This document has become increasingly important following the implementation of the Wet DBA, which requires clear distinction between employment and independent contractor relationships. The agreement incorporates essential elements required under Dutch law, including provisions for maintaining genuine independent contractor status, VAT (BTW) considerations, and Chamber of Commerce (KvK) requirements. It is structured to protect both parties' interests while ensuring compliance with Dutch employment, tax, and privacy laws. The document is particularly relevant given the growing flexible workforce in the Netherlands and the increased scrutiny of contractor relationships by tax authorities.
Suggested Sections

1. Parties: Identification of the contracting parties - the client company and the independent contractor, including full legal names, addresses, and registration details (KvK numbers)

2. Background: Context of the agreement and confirmation of contractor's independent status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided by the contractor

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

6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements including VAT provisions

7. Independent Contractor Status: Clear stipulation of the independent nature of the relationship and compliance with DBA requirements

8. Contractor's Obligations: Key responsibilities, quality standards, and delivery requirements

9. Client's Obligations: Client's responsibilities including provision of necessary information and access

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing requirements

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Insurance: Required insurance coverage by the contractor

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

Optional Sections

1. Non-Competition: Restrictions on competing activities - optional but common for contractors with access to sensitive information or clients

2. Non-Solicitation: Restrictions on soliciting clients or employees - recommended for contractors with client contact

3. Equipment and Resources: Provisions regarding use of equipment and resources - needed if contractor uses client's resources

4. Substitution: Right to provide substitute personnel - important for maintaining true independent contractor status

5. Force Majeure: Provisions for unforeseen circumstances - recommended for longer-term engagements

6. Change Control: Process for changing scope or terms - useful for complex or long-term projects

7. Compliance with Client Policies: Required adherence to specific client policies - needed if contractor works on client premises

8. Exit Obligations: Detailed termination procedures - important for contractors with access to systems or sensitive information

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided, including deliverables and timelines

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

3. Schedule 3 - Service Levels: Performance standards and quality metrics if applicable

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

5. Schedule 5 - Client Policies: Relevant client policies that apply to the contractor

6. Appendix A - Model Chamber of Commerce Registration: Copy of contractor's KvK registration

7. Appendix B - Insurance Certificates: Copies of required insurance certificates

8. Appendix C - VAT Registration: Contractor's VAT registration details

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

alex.den.21@genieai.co
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Relevant Industries

Information Technology

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Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Risk and Compliance

Administration

Vendor Management

Relevant Roles

Freelance Developer

IT Consultant

Project Manager

Business Analyst

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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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