Who do you have draft general terms and conditions? A legal expert, a lawyer, or yourself?

For most SME entrepreneurs, a specialized SME lawyer is the sweet spot: sufficient legal knowledge to make your terms and conditions watertight, without the hourly rate of a large law firm. You are also allowed to do it yourself, hire a lawyer, or use an industry model — but the choice depends less on what is permitted than on what offers the best value for money in your situation.

Piet the plasterer, our local contractor, once called a notary to ask about general terms and conditions. Answer: “We don’t do that.” Next, an accountant. Answer: “I do have a template, though.” Next, a lawyer. Answer: “€1,800, payment in advance.” In this article: who does what, what it costs, and who is best to turn to for your situation.

The short answer: four options, one clear favorite

You have roughly four paths:

• Create your own — free, based on an industry model. Good for simple B2B work.
• Use an industry model directly — often free for members, reasonably comprehensive for the industry.
• A specialized SME lawyer — custom drafting or review, typically between €350 and €500.
• A law firm — for complex or international situations, typically €1,500 to €2,500.

For typical SME work, a legal expert is the wisest choice. Below, we explain what each party does and does not do, plus the parties people like to think of but who are not the right choice for this purpose (the notary and the accountant).

Do it yourself

That is perfectly fine. There is no law prohibiting it — the rules in Section 6.5.3 of the Civil Code say nothing about who the author must be. It works best if you sell almost exclusively to other companies, have manageable risks, and work with limited amounts. For practical implementation — what needs to be included, and how to prevent it from being invalid — see our pillar post on drafting general terms and conditions and the article on drafting general terms and conditions yourself.

Honestly: for most entrepreneurs, “drafting it yourself plus a check by a lawyer” offers better value for money than toiling away all alone.

The trade association

Many sectors have model terms and conditions: construction has the UAV, the metal sector the MetaalUnie conditions, ICT the Nederland ICT conditions, and transport the FENEX. For members of such an association, these sets are often free to use.

Advantages: they know your industry, they are up-to-date, and they have held up legally in court. An overview of where to find model terms and conditions can be found at the Chamber of Commerce's Ondernemersplein. Disadvantages: they do not fit your business one-to-one, and if you use them without modification, you miss the agreements that are specifically important to you (your payment term, your liability limit, your customer type).

Do the sensible thing: use an industry model as a basis, and have a lawyer tailor it or review it.

The SME lawyer

The firm that handles the work at MKB Juristen, and is also the most logical choice elsewhere for the average SME entrepreneur. A lawyer with a focus on SMEs recognizes your type of work, knows the common mistakes, and delivers a set that suits your industry and target audience.

What you usually get:

• An intake interview (by phone or email) to understand your work, clients, and risks.
• A custom-made set — not a ready-made model with your name slapped onto it.
• Explanation regarding the provision: how you present the terms and conditions to customers, because without that, they are worthless.
• Brief aftercare for minor follow-up questions.

Price: typically between €350 and €500 at a specialized SME agency. For the full breakdown, see what drafting general terms and conditions costs.

The lawyer

A lawyer is also permitted to draft general terms and conditions, but it is not their core business. Lawyers are trained to litigate in court; legal professionals to write contracts and record commercial agreements. We explain the difference between the two in the section on the difference between a lawyer and a legal professional.

For whom is a lawyer logical after all?

• You have cross-border trade with complex jurisdiction issues.
• You are in a heavily regulated sector (financial, pharmaceutical, heavy engineering) with sector-specific rules.
• You already have an ongoing conflict and want someone who can represent you in court in the same breath.

For typical SME work — builder, webshop, photographer, consultant, IT agency — you typically pay four to five times as much to a lawyer without getting four to five times as much value in return.

The notary (often a misunderstanding)

A notary is brilliant for matters where the law prescribes a notarial deed: the incorporation of a private limited company, the transfer of real estate, wills, and prenuptial agreements. General terms and conditions do not fall into this category. Most notaries will politely refuse to help you or refer you to a legal expert. So, do not call them for your general terms and conditions.

The accountant (also often a misunderstanding)

The accountant handles your figures, not your contracts. We saw in this analysis how often legal documents from accountants need to be rectified retrospectively. It is not malicious intent — it simply isn't their profession. Save your accountant for your VAT return and keep your General Terms and Conditions with someone who is willing to pay for that.

How do you choose between the options?

A simple decision tree often works best. Ask yourself four questions:

1. Do I sell to consumers? Yes → hire a lawyer. In B2C, the minefield of black and grey lists is too big to handle yourself.
2. Do I work on assignments worth tens of thousands of euros or more? Yes → lawyer. An invalid liability clause will cost you much more there than the entire set.
3. Do I have international work or heavy regulation? Yes → consider a lawyer with that expertise.
4. None of the above? Start with a good industry model, write a tailored policy, and have it reviewed by a lawyer at least once. Often possible for less than €200.

The moral: doing it entirely yourself without any professional oversight is rarely the smartest choice in 2026. Not because the law has suddenly become much more complicated, but because the difference between “virtually correct” and “completely correct” is exactly the difference between getting paid or not if things go wrong.

Our recommendation in one sentence

For the average SME entrepreneur: a specialized SME lawyer to draft or review your terms and conditions, for a few hundred euros. For specific exceptions (heavily international, highly regulated, ongoing legal dispute): a lawyer. For all other routes: only if you know what you are doing, and always with a second, legal perspective.

Do you want to take the step immediately? View the options for having your general terms and conditions drafted or reviewed — it also states which process suits your situation and what it specifically costs.

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