What Is a Freelance Contract in the Netherlands?
A freelance contract in the Netherlands is usually a contract for services (overeenkomst van opdracht): the freelancer performs work for a client other than under an employment contract (Article 7:400 of the Dutch Civil Code). The law does not prescribe a form, but a written contract should set out the services, the fee and payment term, the duration and termination, liability, intellectual property and confidentiality. The label "freelance" is not decisive: if the actual relationship meets the definition of an employment contract, employment law applies, as the Supreme Court confirmed in the Deliveroo judgment of 2023.
Freelance contracts at a glance
- Legal basis: contract for services, Articles 7:400 to 7:413 of the Dutch Civil Code.
- Care: the freelancer must act as a good contractor (Article 7:401) and follow timely and sound instructions on how the work is carried out (Article 7:402).
- Termination: the client can terminate at any time; a freelancer acting in a business, in principle only an open-ended contract, unless there are weighty reasons (Article 7:408).
- Payment: without an agreed term, statutory commercial interest is due 30 days after the invoice (Article 6:119a).
- Copyright stays with the freelancer unless it is transferred in writing (Article 2 Copyright Act).
- Employee or not: decided by the actual rights and obligations, not by the name of the contract.
On this page
Which Law Governs a Freelance Contract in the Netherlands?
Mostly the rules on the contract for services: a contract in which one party, the contractor, undertakes to perform work for the other, the client, other than under an employment contract (Article 7:400 of the Dutch Civil Code).
If the freelancer produces a tangible result, such as building or making something, the contract can instead be a contract for work (aanneming van werk), with its own rules; see contract for work under Dutch law. Most freelance services, such as consultancy, IT, design, translation or interim management, fall under the contract for services. The freelancer must exercise the care of a good contractor (Article 7:401) and follow instructions about how the work is to be carried out, provided they are given in time and are sound (Article 7:402).
What Should a Freelance Contract Contain?
The law requires no written form, but a clear written contract prevents most disputes. These are the points that matter in practice:
| Clause | What to agree |
|---|---|
| Parties | Names, addresses and Chamber of Commerce (KvK) registration of both parties |
| Services | What the freelancer delivers, the result or effort, and how the work is organised |
| Fee | Hourly rate, fixed price or milestones; expenses; VAT |
| Invoicing and payment term | When invoices are sent and paid; without an agreed term, 30 days applies for statutory commercial interest |
| Duration and termination | Fixed period or open-ended; notice period; what happens to work in progress |
| Liability | A cap on liability, excluded damage, and any insurance the client requires |
| Intellectual property | Whether copyright is transferred (in writing) or licensed |
| Confidentiality | Which information is confidential and for how long |
| Applicable law and disputes | Dutch law and the competent court, especially for foreign clients |
Clauses that give the client control over how, when and where the freelancer works are also relevant to the next question: whether the relationship is in fact employment.
When Is a Freelancer Actually an Employee?
When the rights and obligations the parties agreed meet the statutory definition of an employment contract: work, in the service of another, for pay, for a certain time (Article 7:610). Whether the parties intended to conclude an employment contract is not relevant for this qualification (HR 24 March 2023, Deliveroo, ECLI:NL:HR:2023:443, ground 3.2.4).
The Supreme Court held that all circumstances of the case must be considered together. Relevant factors can include (ground 3.2.5):
- the nature and duration of the work;
- how the work and working hours are determined;
- how far the work and the worker are embedded in the organisation of the client;
- whether the work must be performed personally;
- how the contract came about;
- how the pay is set and paid, and its level;
- whether the worker bears commercial risk;
- whether the worker acts as an entrepreneur, for example in reputation, acquisition, tax treatment, the number of clients and the usual duration of engagements.
In addition, someone who works for another for pay for three consecutive months, weekly or at least 20 hours a month, is presumed to work under an employment contract (Article 7:610a). For the consequences, and for the tax enforcement that the Dutch Tax Administration resumed from 1 January 2025, see bogus self-employment and the DBA Act.
How Can a Freelance Contract Be Terminated?
The client can terminate a contract for services at any time (Article 7:408(1)). A freelancer who entered into the contract in the course of a profession or business can, apart from weighty reasons, terminate only if the contract is for an indefinite period and does not end by completion (Article 7:408(2)).
A consumer client does not owe damages for terminating (Article 7:408(3)); for a business client, whether compensation is due depends on the contract and the circumstances. Contracts therefore usually contain their own termination clause, with a notice period and rules for payment of work already done.
When Must a Freelancer Be Paid?
On the date agreed. If no payment date has been agreed in a commercial contract, statutory commercial interest is due from 30 days after the client received the invoice (Article 6:119a of the Dutch Civil Code).
You can calculate the interest with our statutory interest calculator. For what to do when a client does not pay, see debt collection in the Netherlands.
Free toolStatutory interest calculatorInterest and collection costs on an unpaid invoice, with every rate since 1995.Calculate interestWho Owns the Work a Freelancer Creates?
The freelancer, unless the copyright is transferred. A transfer of copyright, or an exclusive licence, must be agreed in writing (Article 2(3) of the Copyright Act).
The rule that an employer is the maker of works created by its employees (Article 7 Copyright Act) applies to employment, not to freelance work. A client that needs to own the work, for example software, designs or texts, should include an explicit written transfer in the contract. See also intellectual property of employees.
Is a Freelancer Liable, and Is Insurance Required?
A freelancer who does not perform properly is liable under the general rules of contract law, and must exercise the care of a good contractor (Article 7:401). Dutch law does not impose a general duty on freelancers to take out insurance; a client can require it in the contract, and some professions have their own rules.
A liability cap in the contract, for example limited to the fee or to the amount paid out by the freelancer's insurer, is common. Such a clause is tested against reasonableness and fairness when it is invoked; see exemption clauses.
Can a Freelance Contract Contain a Non-Compete or Confidentiality Clause?
Yes, as a matter of contract. The statutory rules for non-compete clauses in Article 7:653 apply to employment contracts; in a contract for services, such a clause is assessed under general contract law, including reasonableness and fairness.
A confidentiality clause is usual and protects the client's information during and after the engagement. See confidentiality clauses and non-solicitation clauses.
Key Legal Sources
- Articles 7:400 to 7:413 of the Dutch Civil Code, contract for services
- Articles 7:610 and 7:610a of the Dutch Civil Code, employment contract and presumption
- Article 6:119a of the Dutch Civil Code, commercial interest and payment term
- Copyright Act (Auteurswet), Articles 2 and 7
- HR 24 March 2023, ECLI:NL:HR:2023:443 (Deliveroo), qualification of the contract