Management Consulting Agreement

Management Consulting Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Management Consulting Agreement under German law for a technology transformation project where our consulting firm will provide digital strategy services to a medium-sized manufacturing company, with special emphasis on data protection and IP rights for AI-related deliverables."

Document background

The Management Consulting Agreement serves as the primary legal framework for professional advisory services in Germany, establishing the relationship between consulting providers and their clients. This document is essential when engaging external management consultants for strategic, operational, or organizational improvements. It comprehensively covers service scope, deliverables, payment terms, and risk allocation while ensuring compliance with German legal requirements, including civil law (BGB), commercial law (HGB), and data protection regulations (GDPR/BDSG). The agreement is particularly crucial for protecting both parties' interests, defining clear deliverables and success metrics, and establishing proper handling of confidential information and intellectual property rights. It includes specific provisions required under German law regarding service contracts (Dienstvertrag) and professional services arrangements.

Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Consultant's Obligations: Key responsibilities and commitments of the consulting firm

6. Client's Obligations: Client's responsibilities, including provision of information and cooperation

7. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP

11. Data Protection: GDPR compliance and data processing obligations

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

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Notices: Communication procedures and contact details

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when sensitive industry knowledge is involved

2. Service Levels: Specific performance metrics and standards, used for longer-term or complex engagements

3. Insurance: Insurance requirements for the consultant, typically used in high-risk or regulated industries

4. Compliance with Laws: Specific regulatory compliance obligations, used in regulated industries or public sector work

5. Personnel: Requirements for specific consultant personnel, used when key individuals are critical to the services

6. Audit Rights: Client's right to audit consultant's work and records, used in regulated industries or complex projects

7. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, used when flexibility in service delivery is needed

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed description of services, deliverables, and timelines

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

3. Schedule 3: Key Personnel: List of key consultant personnel assigned to the project

4. Schedule 4: Service Levels: Detailed performance metrics and measurement criteria

5. Schedule 5: Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Appendix A: Project Timeline: Detailed project phases and deadlines

7. Appendix B: Required Documentation: List of documents and reports to be delivered

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Manufacturing

Technology

Healthcare

Retail

Automotive

Energy

Telecommunications

Professional Services

Industrial

Consumer Goods

Transportation

Real Estate

Education

Public Sector

Relevant Teams

Legal

Procurement

Finance

Operations

Project Management

Risk and Compliance

Strategy

Business Development

Executive Leadership

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Head of Procurement

Legal Counsel

Procurement Manager

Contract Manager

Project Manager

Management Consultant

Business Development Manager

Strategy Director

Operations Director

Risk Manager

Compliance Officer

General Counsel

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Authors

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