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Outsourcing Agreement for Belgium

Outsourcing Agreement Template for Belgium

A comprehensive agreement governed by Belgian law that establishes the framework for outsourcing services between a service provider and a customer. The document addresses key aspects including service scope, performance standards, pricing, governance, data protection, and regulatory compliance requirements under Belgian jurisdiction. It incorporates essential provisions for employee protection under Belgian labor law, particularly CLA 32bis, and ensures compliance with EU regulations including GDPR as implemented in Belgian law. The agreement provides detailed mechanisms for service delivery, performance monitoring, risk allocation, and exit management.

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What is a Outsourcing Agreement?

This document serves as a legally binding Outsourcing Agreement under Belgian law, designed for organizations seeking to externalize specific business functions or services to specialized service providers. It is particularly relevant in today's business environment where companies increasingly focus on core competencies while partnering with external providers for non-core functions. The agreement encompasses critical elements required under Belgian legal framework, including employee protection measures under CLA 32bis, data protection requirements aligned with GDPR and the Belgian Data Protection Act, and specific industry regulatory requirements where applicable. This comprehensive document is structured to address various aspects of the outsourcing relationship, from service delivery and performance measurement to risk allocation and exit management, providing a robust framework for successful outsourcing arrangements.

What sections should be included in a Outsourcing Agreement?

1. Parties: Identification of the service provider and customer, including registered offices and company details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Scope of Services: Detailed description of services to be provided, including service provider's obligations

5. Term and Commencement: Duration of the agreement and conditions for commencement

6. Service Provider's Obligations: General and specific obligations of the service provider

7. Customer's Obligations: Responsibilities and obligations of the customer

8. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions

9. Service Levels: Performance standards, KPIs, and service level requirements

10. Governance and Reporting: Management structure, reporting requirements, and meeting schedules

11. Audit Rights: Customer's rights to audit service provider's performance and compliance

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements

14. Force Majeure: Provisions for handling events beyond parties' reasonable control

15. Termination: Grounds for termination, notice periods, and consequences of termination

16. Exit Management: Procedures and obligations for service transition upon termination

What sections are optional to include in a Outsourcing Agreement?

1. Data Protection: Required when personal data is processed, addressing GDPR and Belgian Data Protection Act requirements

2. Employee Transfer: Required when the outsourcing involves transfer of employees under CLA 32bis

3. Intellectual Property Rights: Required when new IP is created during service provision

4. Regulatory Compliance: Required for regulated industries or when specific regulatory obligations apply

5. Business Continuity and Disaster Recovery: Required for critical services or when mandated by industry regulations

6. Anti-Corruption and Ethics: Required when dealing with public sector or high-risk jurisdictions

7. Security Requirements: Required when handling sensitive data or systems

8. Change Control: Required for complex services likely to require modifications during the term

What schedules should be included in a Outsourcing Agreement?

1. Schedule 1 - Services Description: Detailed technical and functional specifications of the services

2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements, measurement methods, and penalties

3. Schedule 3 - Charges: Detailed pricing structure, rate cards, and payment milestones

4. Schedule 4 - Governance: Detailed governance structure, escalation procedures, and key personnel

5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements

6. Schedule 6 - Exit Plan: Detailed transition and exit procedures

7. Schedule 7 - Approved Subcontractors: List of approved subcontractors and their roles

8. Schedule 8 - Form of Change Order: Template for documenting and approving changes to services

9. Appendix A - Data Processing Agreement: Detailed data protection terms and processing requirements

10. Appendix B - Business Continuity Plan: Detailed business continuity and disaster recovery procedures

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

Belgium

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


















































Clauses




































Relevant Industries

Information Technology

Financial Services

Manufacturing

Healthcare

Telecommunications

Professional Services

Retail

Logistics

Energy

Public Sector

Pharmaceutical

Real Estate

Construction

Agriculture

Education

Relevant Teams

Legal

Procurement

Operations

Information Technology

Finance

Risk Management

Compliance

Human Resources

Project Management

Vendor Management

Business Development

Strategy

Internal Audit

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Chief Information Officer

Chief Technology Officer

Head of Procurement

Head of Legal

Head of Operations

Head of Risk Management

Procurement Manager

Contract Manager

Legal Counsel

Operations Manager

Project Manager

Vendor Manager

Sourcing Manager

Compliance Officer

Risk Manager

Business Unit Director

Service Delivery 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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