Consultancy Agreements in Italy: What you Need to Know.

November 3, 2017 - uk.practicallaw.thomsonreuters.com
by Sergio Barozzi

Lexellent has collaborated with Thomson Reuters’ PLC Which Lawyer to bring you Italy specific information concerning the key legal and commercial issues to be considered when drafting Consultancy Agreements for use internationally.

Among the many questions answered in depth are:

  •  Is there a risk in Italy that a consultant could be deemed to be an employee of the company and then acquire employment rights?
  • Does the law in Italy stipulate that the company could be responsible for the consultant’s acts and behaviour, if they cause loss or damage to the company, its employees, customers or suppliers, during the term of the agreement?
  • What tax, social security or other payments will each party be liable to make in Italy as a result of the consultancy agreement and how should they be dealt with in the agreement?
  • What national and international anti-bribery and corruption legislation may the consultant be required to comply with in relation to services performed in Italy?
  • What data protection and privacy issues arise in your jurisdiction as a result of this arrangement and where personal data is transferred internationally?
  • Other than where it is explicitly stated in the agreement, who will own any rights created by the consultant during the term of the agreement under the laws of Italy?
  • Does Italian law recognise the concept of one party indemnifying the other as set out in Standard document,Consultancy agreement (short form): International: clause 10 of the consultancy agreement? If not, what can be included in the agreement to create such protection?
  • Is the consultant protected against discrimination during the term of the agreement and if so, can any wording be included in the agreement to minimise the risk for the company against a potential claim from a consultant?
  • Are there any duties or services that would be standard practice to include within the agreement? Are there any duties imposed by Italian national law on consultants?
  • On termination, does Italian law stipulate that any mandatory notice period or payments are to be made to the consultant?
  • Can a confidentiality clause be included as set out in Standard document, Consultancy agreement (short form): International: clause 5 that continues after termination of the agreement? Could such a clause suggest that the consultant is an employee instead of an independent contractor?
  • … and many more!

To read the full Q&A on Consultancy Agreements in Italy view the PDF or read online here.

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