Having a proof of concept agreement or pilot agreement drafted: costs and process

Having a proof-of-concept or pilot agreement drafted by a specialized SME lawyer typically costs between €500 and €1,750, depending on whether customization, sensitive data, and a follow-up structure are involved. You primarily pay for three things that can go wrong during a pilot: the intellectual property of the results, confidentiality, and a clear agreement regarding follow-up obligations. Below, you can read what the process entails, what determines the price, and when outsourcing pays off.

The short answer

• Costs: approximately 500 to 1,750 euros with an SME lawyer, depending on complexity.
• Lead time: usually 1 to 2 weeks, shorter for a simple pilot.
• What you get: scope, intellectual property of results, confidentiality, and the follow-up question arranged.
• Your input: goal, scope, success criteria, and your wishes regarding the follow-up.
• When: for customization, sensitive data, or a substantial investment in the pilot.

What determines the price?

The price depends primarily on the complexity. A short, free, and no-obligation test is quickly arranged. However, as soon as custom work is involved, sensitive data or personal information is processed, or an option or purchase obligation with fixed rates is linked to the follow-up, the document requires more customization. A data processing agreement for personal data or a detailed penalty clause regarding confidentiality also adds to the complexity.

If you clearly provide the objective, scope, and success criteria, it keeps costs down. The lawyer then does not have to figure out what you want to test, but focuses on protecting your position and securing the follow-up question.

Having a proof of concept agreement or pilot agreement drafted: the process

1. Intake: what are you testing, with whom, for how long, and what do you want afterwards.
2. Scope and success criteria: you provide the goal and the measurable criteria.
3. Concept: the legal expert handles IP, confidentiality, costs, and the follow-up structure.
4. Assessment: you check whether the scope and criteria are correct.
5. Alignment: the agreement is sent to the other party.
6. Finalize: signing for the start of the pilot.

A good lawyer primarily asks during the intake about the scenario you want to avoid: being stuck with a deal you didn't want, seeing your investment slip away to the other party, or endless discussions about whether the pilot was successful. Those answers determine where the contract needs to be strict.

Why outsourcing usually pays off

The value lies in preventing three classic problems. First, the pre-contractual trap: according to settled case law, breaking off negotiations can be unacceptable if the other party was justifiably entitled to rely on a deal (Art. 6:2 BW). A clause declaring the pilot non-binding eliminates that risk. Second, intellectual property: without an agreement, the rights to the results remain with the creator, even if you pay for them. Third, the discussion regarding success: clear, measurable criteria prevent a successful pilot from becoming a matter of interpretation.

A legal expert ensures that those three points are watertight and aligns liability and confidentiality with the fact that it concerns a test phase. That is precisely where things can go wrong with a pilot.

Do it yourself or outsource?

For a short, free test without sensitive data or customization, a written confirmation of the scope and duration is often sufficient. However, as soon as money, sensitive data, or in-house development is involved, or one of the parties makes a substantial investment, the investment in a sound agreement is well worth the risk. The amount you pay to the lawyer pales in comparison to the costs of unwanted follow-up or a dispute regarding the results.

Practical example: an SME manufacturing company had a pilot agreement drawn up for a three-month test of a sensor system from a supplier, for approximately 1,100 euros. The agreement included the success criteria, ownership of the data collected during the pilot, confidentiality, and the understanding that the company could expand at a fixed rate upon success, but was not obligated to do so. When the supplier insisted on a full rollout after the trial, the company was able to make its own assessment at its leisure based on the non-binding nature of the agreement.

Honest recommendation

You don't always need a lawyer. For a short, cost-free test without sensitive data or customization, a written confirmation of the scope and duration is sufficient. Have a pilot agreement drafted as soon as money, sensitive data, or in-house development is involved, or when a party makes a substantial investment. Request a fixed price in advance, provide your objective, scope, and success criteria as clearly as possible, and choose a lawyer familiar with SMEs. Focus on the three points that most often go wrong during a pilot: the intellectual property of the results, confidentiality, and whether or not a follow-up obligation arises. This way, you pay for certainty, not for a lengthy contract.

Want to read more or get started right away? View the pilot agreement proof of concept, first read what a pilot agreement proof of concept is , and see how to drafting a pilot agreement proof of concept .

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