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Consultancy Agreement
I need a consultancy agreement for a freelance consultant who will provide IT services for a period of 6 months, with an option to extend. The agreement should include a confidentiality clause, a payment schedule based on project milestones, and a termination clause with a 30-day notice period.
What is a Consultancy Agreement?
A Consultancy Agreement sets clear terms when a company hires an external expert or advisor in Belgium. This contract spells out what the consultant will deliver, how much they'll get paid, and how long the project will run - while keeping both parties legally protected under Belgian commercial law.
Beyond basic services and fees, these agreements typically cover intellectual property rights, confidentiality rules, and liability limits. They're particularly important in Belgian business practice because they help distinguish genuine consulting relationships from hidden employment contracts, which face strict scrutiny under local labor regulations.
When should you use a Consultancy Agreement?
Use a Consultancy Agreement when bringing in outside expertise for specific projects or specialized advice in Belgium. This applies to situations like IT system upgrades, management consulting, marketing campaigns, or financial advisory services - anywhere you need skilled professionals who aren't your employees.
A formal agreement becomes essential once your project involves sensitive company data, significant budgets, or complex deliverables. Belgian law requires clear documentation to distinguish consultants from employees, protecting both parties from misclassification risks and social security complications. Having this agreement in place helps avoid disputes about scope, payment terms, and intellectual property rights.
What are the different types of Consultancy Agreement?
- Standard Consulting Agreement: Basic framework for one-time projects with clear deliverables and timelines
- Consultant Retainer Agreement: Ongoing advisory services with regular monthly fees and service commitments
- Marketing Consultant Contract: Specialized terms for marketing campaigns, brand work, and creative deliverables
- Social Media Consultant Contract: Digital-focused agreement covering content creation and platform management
- Consultant NDA: Enhanced confidentiality provisions for sensitive consulting engagements
Who should typically use a Consultancy Agreement?
- Business Clients: Companies, from startups to large corporations, who need specialized expertise for specific projects or ongoing advisory services
- Independent Consultants: Professional advisors offering expertise in areas like IT, management, finance, or marketing under Belgian freelance status
- Legal Counsel: In-house or external lawyers who draft and review Consultancy Agreements to ensure compliance with Belgian law
- HR Departments: Teams managing consultant relationships and ensuring proper classification between employees and independent contractors
- Project Managers: Staff responsible for overseeing consultant deliverables and maintaining contract compliance
How do you write a Consultancy Agreement?
- Consultant Details: Gather full business information, VAT number, and professional credentials of the consultant
- Project Scope: Define specific deliverables, timelines, and quality standards for the consulting work
- Payment Terms: Determine fee structure, payment schedule, and any expense reimbursement policies
- Legal Requirements: Verify consultant's independent status under Belgian law to avoid employment misclassification
- Intellectual Property: Clarify ownership rights for all work products and pre-existing materials
- Confidentiality: Identify sensitive information needing protection and duration of confidentiality obligations
- Review Process: Use our platform to generate a customized agreement that includes all essential elements under Belgian law
What should be included in a Consultancy Agreement?
- Party Details: Complete legal names, addresses, and registration numbers of both consultant and client
- Service Description: Clear scope of work, deliverables, and performance standards
- Independence Clause: Explicit statement confirming consultant's self-employed status under Belgian law
- Payment Terms: Fee structure, invoicing schedule, and VAT requirements
- Duration & Termination: Contract period, notice requirements, and early termination conditions
- Intellectual Property: Assignment of rights and usage permissions for created works
- Data Protection: GDPR compliance measures and confidentiality obligations
- Governing Law: Belgian law application and jurisdiction specification
What's the difference between a Consultancy Agreement and an Advisory Agreement?
While both serve professional service relationships, a Consultancy Agreement differs significantly from an Advisory Agreement in several key aspects under Belgian law. The main distinction lies in their scope and duration.
- Project Focus: Consultancy Agreements typically cover specific projects with clear deliverables and end dates, while Advisory Agreements establish ongoing strategic guidance relationships
- Payment Structure: Consultants usually charge project-based or hourly fees, whereas advisors often receive retainer fees or equity compensation
- Level of Involvement: Consultants work intensively on defined tasks, while advisors provide periodic strategic input and oversight
- Legal Classification: Under Belgian law, consultants maintain stronger independence from the client's organization, while advisors may have closer ties requiring additional compliance considerations
- Liability Scope: Consultancy Agreements typically limit liability to specific deliverables, while Advisory Agreements often involve broader fiduciary responsibilities
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