Custom legal document

DBA Proof Assignment Act-the agreement drafting

Have it drafted, amended, or reviewed by our legal experts and/or lawyers starting from 99
SME Lawyers

Do not write this document yourself — DIY often results in expensive problems.
Have a lawyer review it and avoid misunderstandings, mistakes, and difficulties.

  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
  • Free adjustment round
  • Delivered within 5 working days
  • Express delivery possible
  • Available in Dutch and English

How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A contract for services is not automatically DBA-compliant simply because it states 'no employment contract'. The text must align with the actual execution: independence, no hierarchical relationship, personal responsibility, entrepreneurial risk, substitution, and a clear description of the assignment

  • For clients, self-employed professionals, freelancers, consultants, interim professionals, and SMEs
  • Focus on the DBA Act, bogus self-employment, authority, independence, and actual implementation
  • Replacement, rate, assignment description, IP, liability, privacy, and termination arranged
  • Practically useful for hiring freelancers, interim assignments, consultancy, IT, marketing, and project work

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
Customization
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in contract agreements compliant with the Dutch DBA Act

Our lawyers and in-house counsel assist clients, self-employed professionals, freelancers, consultants, and SMEs with Dutch Employment Relationships Act (DBA) compliant assignment agreements, contracts for self-employed professionals, service agreements, data processing agreements, and risks related to bogus self-employment. We examine the assignment, authority, independence, substitution, rates, entrepreneurial risk, intellectual property, privacy, liability, and actual performance.

Tailor-made solutions for hiring freelancers

A DBA-compliant agreement for IT, interim, consultancy, marketing, project management, or administration does not require the same arrangements. Therefore, we tailor the agreement to the assignment, role, duration, degree of independence, and risk of bogus self-employment.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with corporate law, employment law, commercial cooperation, and contract law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in contract agreements compliant with the Dutch DBA Act

Our lawyers and in-house counsel assist clients, self-employed professionals, freelancers, consultants, and SMEs with Dutch Employment Relationships Act (DBA) compliant assignment agreements, contracts for self-employed professionals, service agreements, data processing agreements, and risks related to bogus self-employment. We examine the assignment, authority, independence, substitution, rates, entrepreneurial risk, intellectual property, privacy, liability, and actual performance.

Tailor-made solutions for hiring freelancers

A DBA-compliant agreement for IT, interim, consultancy, marketing, project management, or administration does not require the same arrangements. Therefore, we tailor the agreement to the assignment, role, duration, degree of independence, and risk of bogus self-employment.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with corporate law, employment law, commercial cooperation, and contract law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible

Reviews (21)

Imran

The expertise was immediately evident from the first contact. The interim evaluation ensured that we remained perfectly aligned. A reliable partner striving for perfection in their documents.

Rik

Practical advice that we could immediately put into practice. The expertise regarding e-commerce legislation was clearly the added value in this process. Our clients are responding positively to the clear general terms and conditions.

Kees

We really appreciated the transparency regarding the costs upfront. The agreements were properly honored. Our customers respond positively to the clear general terms and conditions.

Nassim

The friendly approach immediately put us at ease. The documents were neatly formatted and delivered directly in our house style. These documents will undoubtedly save us a lot of headaches in the future.

Pepijn

I received a call back within half an hour of my online request. The transparency during the writing process provided a great deal of peace of mind and clarity. These documents will undoubtedly save us a lot of headaches in the future.

Walid

The first impression was simply excellent. The service felt personal and reliable. The service was professional and personal.

Michiel

Good service and a clear working method. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. The document was accepted flawlessly by our investors.

Loubna

The lawyer took a practical approach with our company. There was no unnecessary fuss about minor changes outside the scope. Fantastic value for money for this level of expertise.

Patricia

Our company was carefully inquired about. The key points of attention were incorporated well. Our business partners were impressed by the professionalism of the contracts.

Nick

The lawyer immediately asked the right, critical questions. We were excellently guided through the maze of current laws and regulations. A party that delivers on what it promises on its website.

Amin

We quickly gained the certainty we were looking for. Reviewing and editing our general terms and conditions has significantly improved the quality. A party that delivers on what it promises on its website.

Sara

The intake was not only informative, but we learned a lot right away. We received an excellent explanation of the implications of the applicable law in our international contracts. The service was professional and personal.

Ruben

The process went smoothly and was well-organized. Ample time was taken to discuss the various options and their implications. A party that delivers on what it promises on its website.

Floor

We had immediate confidence in the team's expertise. They managed to forge an extremely complex joint venture agreement in a short timeframe. The quality fully met our expectations.

Eva

It was nice that we knew immediately who would be helping us. The delivery was within the agreed timeframe. These documents will undoubtedly save us a lot of headaches in the future.

Khalid

The initial sketch of the approach aligned seamlessly with what we had in mind. Despite the tight deadline, there was no compromise on care and quality. The final result fully meets our high standards.

Lina

We were looking for certainty and received it immediately in the first meeting. The translation of our wishes into watertight legal provisions was impressive. Everything was delivered neatly and on time.

Latifa

Professionalism was evident from the very first moment. Our industry was taken into account. The service was professional and personal.

Adam

No time was wasted on unnecessary formalities. The revisions were spot-on every time and required virtually no correction on our part. The document was accepted flawlessly by our investors.

Suzanne

From the intake, it was clear what we could expect. The content aligned well with our company. The document was flawlessly accepted by our investors.

Ibrahim

We really appreciated the transparency regarding the costs upfront. The aftercare and the opportunity to ask brief questions were perfectly arranged. A reliable partner that strives for perfection in their documents.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

A few key questions determine how the agreement is drafted and how strongly independence is substantiated.

Choice or question Why this matters legally
Is this a defined assignment or an ongoing position? A clearly defined project supports independence; an ongoing position within the team increases the risk of employment.
Is the work carried out at one's own discretion? The more freedom in time, place, and working methods, the less readily a relationship of authority is assumed.
Is the contractor allowed to have himself replaced? Free substitution is a strong indication of independence; an obligation for personal execution points in the other direction.
Does the contractor bear entrepreneurial risk? Personal investments, multiple clients, and the risk of non-payment in the event of no results reinforce the independent character.
Does the contractor work for multiple clients? Dependence on a single client increases the risk of bogus self-employment.
Clauses and provisions

Which components belong in a DBA-compliant contract for services?

The following components together determine whether the agreement sufficiently supports the contractor's independence. We tailor them to your specific situation.

Provision Relevant to Legal point of attention
Parties and capacity Always State that the contractor acts as a self-employed entrepreneur, including Chamber of Commerce number and, if applicable, VAT number.
Description of the assignment Always Describe a clearly defined result or project, not an ongoing function within the organization.
No hierarchical relationship Always Stipulate that the contractor organizes the work at their own discretion and receives no instructions like an employee.
Replacement If appropriate Determine whether the contractor is free to arrange for a replacement; free replacement indicates independence.
Duration and termination Always Choose a specific term or project duration and arrange for termination; an indefinite, exclusive relationship resembles employment.
Remuneration and invoicing Always Agree on a fee per assignment or result that the contractor invoices themselves, including VAT where applicable.
Entrepreneurial risk Always Place liability, own equipment, and the risk of no work, no money with the contractor.
Liability and insurance If appropriate Rules regarding liability and the obligation to have one's own professional or business liability insurance.
Use in practice

How do you use this document correctly?

A good agreement only works if practice corresponds to what is on paper. Actual implementation is the guiding principle for the Tax and Customs Administration.

Situation What should you do? Point of attention
Before the start of the assignment Sign the agreement before the work starts Drafting it retrospectively gives the impression that the independence was not intended beforehand.
During the performance Act according to the agreements: no instructions as to an employee, own work schedule The factual situation outweighs the text; deviating undermines the agreement.
Upon invoicing Let the contractor invoice per assignment or milestone Own invoicing and VAT confirm entrepreneurship.
In case of changes Amend the agreement if the assignment or working method changes An outdated agreement no longer covers the actual situation.
Common mistakes

Common mistakes

These errors often lead to an assignment being classified as employment after all, resulting in additional tax assessments.

Wrong Consequence Better approach
Blindly adopting a model agreement The text does not align with practice and offers no protection Align the agreement with the specific assignment and working method.
Working with instructions and fixed working hours A relationship of authority effectively arises Give the contractor room to organize the work at their own discretion.
Long-term exclusive assignment to a fixed position It looks like a regular employee Work with clearly defined assignments and allow multiple clients.
No entrepreneurial risk for the contractor The independent character is lacking Specify liability, own equipment, and payment per result.
Paper and practice diverge The Tax and Customs Administration looks at the facts, not just the text Ensure that the execution continuously corresponds to the agreement.
Risk profile

What is your situation and what do you pay attention to?

The points of attention vary by role and type of hire. Below are the most common situations.

Risk profile Example Focus in the document
Client hires freelancer You want assurance that the hiring is not considered an employment relationship Pay attention to authority, scope of the assignment, and entrepreneurial risk on the part of the contractor.
A self-employed professional works for a client You want to be able to demonstrate your independence Manage multiple clients, handle your own invoicing, and maintain freedom in your working methods.
Long-term or recurring commitment The risk of bogus self-employment increases as the relationship is longer and more exclusive Work on clearly defined assignments and periodically evaluate whether the effort is still independent.
Deployment via mediation or secondment Multiple matches and qualifiers can take place Clearly state who the client is and how authority and payment are handled.
Additional documents

When is this document not enough?

In some situations, you need another document in addition to or instead of this agreement.

Situation Supplementary document Why
You will collaborate structurally and sustainably Cooperation Agreement For an equal, longer-term collaboration, a collaboration agreement is more appropriate than a contract for services.
The contractor processes personal data for you Data Processing Agreement When the contractor processes personal data on your behalf, a data processing agreement is mandatory.
The collaboration turns out to be an employment relationship in fact Employment contract If the relationship is suitable for an employee in terms of authority and duration, record this in an employment contract.
Explanation of this document

Drafting a DBA Proof Assignment Agreement, why?

Not every entrepreneur knows exactly what a DBA-compliant assignment agreement is, when you need them, and which risks they must cover. Therefore, we explain below what this document entails, what you should look out for, and why customized legal solutions are important.

What is a DBA-proof contract for services?
A DBA-proof assignment agreement is a contract for services between a client and a self-employed professional drafted in such a way that it maximally excludes the bogus self-employment risks of the DBA Act. As of January 1, 2025, the Tax and Customs Administration fully enforces the DBA Act. A DBA-proof agreement is not only contractually correct—it also supports the actual independence of the self-employed professional by concretely and enforceably establishing the crucial elements that the Tax and Customs Administration and the courts consider in their assessment. A particular point of attention: a DBA-proof contract is not a free pass if the actual execution does not align with the contractual provisions. The contract is the starting point; practice must confirm it. Our lawyers draft DBA-proof assignment agreements for clients and self-employed professionals that anchor independence in all relevant dimensions, aligns with the Deliveroo criteria, and is tailored to the specific nature of the work for each assignment.
Which clauses must not be missing from a DBA-compliant contract for services?
A DBA-compliant assignment agreement contains a number of clauses that anchor the independence of the self-employed professional in its most critical dimensions. The substitution clause: the self-employed professional has the right to be replaced by a third party designated by themselves, without prior permission from the client — and actually exercises this right. The free working method clause: the self-employed professional determines how they execute the assignment; the client specifies the result, not the method of execution. The multiple client clause: the self-employed professional is free to work for other clients simultaneously; there is no obligation of exclusivity. The professional risk clause: the self-employed professional bears their own liability for errors in their work and holds professional liability insurance for this purpose. And the no-continued-payment clause: in the event of illness or incapacity for work, the client is not obliged to continue paying wages. Our lawyers correctly incorporate all these clauses into your agreement.
How does it work at MKBjuristen?
Following an intake regarding the specific assignment, the nature of the work, and the actual working method, our lawyers draft a DBA-compliant engagement agreement that anchors independence in all relevant dimensions, aligns with the Deliveroo criteria, and is tailored to the specific circumstances of each assignment.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Tailor-made solutions for each freelance assignment

Not every assignment carries the same DBA risk. Therefore, we do not draft assignment agreements generically, but tailor them to the specific activities, independence, and actual execution.

Interim assignment

Attention to duration, project frameworks, reporting, independence, and avoiding authority.

IT and development

Attention to specifications, delivery, IP, security, privacy, and an independent working method.

Consultancy

Attention to advice, results, rates, liability, and personal professional responsibility.

Marketing and creative

Focus on deliverables, planning, accounts, IE, revisions, and no employee role.

Project management

Attention to mandate, project objectives, reporting, temporary assignment, and assignment frameworks.

Administrative support

Attention to embedding, instructions, systems, privacy, and the risk of bogus self-employment.


A contract for services compliant with the DBA Act must bridge the gap between theory and practice. Therefore, we examine the assignment description, independence, authority, substitution, rate, entrepreneurial risk, duration, liability, and execution.

Common mistakes with DBA-compliant contract agreements

When hiring freelancers, things often go wrong because the agreement looks proper, but the workplace points to an employment relationship.

  • Use only a model contract without modifying the actual working method
  • Describe the assignment as general staffing instead of a concrete assignment
  • Apply daily instructions, schedules, and performance reviews as with employees
  • Including a replacement while replacement is practically never possible
  • Agree on continued payment during illness, vacation, or unemployment
  • Formulating exclusivity or availability too broadly
  • No need to arrange entrepreneurial risk, liability, or insurance
  • Extending the contract for years without a new scope or reassessment

Draft your DBA-compliant assignment agreement properly and prevent unnecessary problems in the future. Good agreements limit disputes regarding bogus self-employment, authority, rates, substitution, liability, and termination.

What is a DBA-compliant contract for services?

A contract for services that aligns as much as possible with independent collaboration and limits the risk of bogus self-employment.

Is a DBA-compliant contract sufficient?

No. The actual execution must also be consistent with independence and the absence of authority.

What is bogus self-employment?

The situation in which someone works as a self-employed person, but the relationship actually has the characteristics of an employment contract.

Must replacement always be included?

Not always. Replacement only helps if it is practically realistic and appropriate.

Can MKB Juristen review an existing DBA agreement?

Yes. We check, among other things, assignment, authority, independence, substitution, rate, liability, and actual execution.

Contact us

Annelore Hendriks

Want to know more about our services?
Then contact our specialists.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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