Why is the agent a crucial concept for client-freelancer engagements ?
A freelancer can focus on delivering good work while an agent handles agreed sales and administrative tasks on their behalf. Within the authority granted, the agent can find clients, negotiate terms and sign agreements in the freelancer’s name. The roles remain clear: the agent represents the freelancer, while the client contracts directly with the freelancer, who remains responsible for providing the services. Delegating commercial tasks does not, by itself, make the agent the service provider.
How can an agent sign without becoming the service provider?
Consider Sanne, a freelancer who appoints TalentFind to represent her. TalentFind introduces Sanne to a client, negotiates the terms and signs the service agreement expressly in Sanne’s name and on her behalf, within the authority she granted. Sanne and the client are the parties to the agreement. Sanne provides the services; TalentFind acted as her representative.
This distinction reflects the Dutch law of representation. Under articles 3:60 and 3:66 of the Dutch Civil Code, a representative can perform a legal act in another person’s name, and an act within the representative’s authority has legal effects for the person represented. TalentFind does not become a party to Sanne’s service agreement merely because it negotiated or signed it on her behalf.
What does the mandate need to establish?
A Mandate records whom the agent represents, what it may do and any limits on that authority. It can cover submitting a proposal, negotiating terms, signing a service agreement in the freelancer’s name or submitting a timesheet. Where the agent is authorised to sign, that legal authority should be clear; being registered on a marketplace does not itself entitle an agent to act for any particular freelancer.
The limits matter as much as the permission. Sanne may authorise TalentFind to negotiate only up to a stated amount or until a certain date. If an action falls outside that authority, TalentFind should obtain Sanne’s approval or an extension of its authority before acting. The client, meanwhile, should be able to identify whose agreement it is entering.
Where does the agent’s fee belong?
Payment for the freelancer’s work and payment for the agent’s representation are separate matters. Sanne and TalentFind might agree that TalentFind is paid for finding opportunities and handling negotiations. Another arrangement may allocate the Agent’s remuneration differently. In either case, the basis for the agent’s fee should be distinct from the client–freelancer price for the contracted services.
That distinction makes it easier to see whether a payment is for performing the assignment or for helping another party enter and administer it. Receiving an agent fee does not, by itself, make TalentFind the client’s service provider.
Who is responsible once the assignment begins?
Sanne remains responsible for providing the agreed services under her agreement with the client. If timesheets are used, TalentFind may submit one on Sanne’s behalf where authorised, while the client reviews and approves it for billing. Timesheet approval, acceptance of a deliverable and control over how the services are performed are different acts; they should not be treated as interchangeable.
TalentFind also has responsibilities of its own. It must act within its authority and meet the obligations arising from its relationship with the person it represents. Those responsibilities are distinct from Sanne’s obligation to perform the client’s assignment.
What happens when the agent’s authority ends?
Once a revocation has been recorded or communicated through the relevant process, the agent should no longer act for the freelancer going forward. That does not by itself terminate an existing client–freelancer service agreement. The authority to represent someone and the contract to provide services are different relationships, even when the agent helped bring the contract about.
Does representation determine whether the freelancer is independent?
No. An agent can help a freelancer find clients and negotiate terms, but that alone does not decide employment status. Under Dutch law, classification depends on all relevant circumstances taken together, including how the work is organised, control, commercial risk and the freelancer’s entrepreneurship. The Dutch Supreme Court’s Deliveroo judgment, as further clarified in its 2025 Uber judgment, confirms that there is no fixed hierarchy between those circumstances. Entrepreneurship can also include how the freelancer operates beyond this particular client relationship. Representation and the reality of independent work therefore require separate attention.
What should clients and freelancers check?
Check whom the agent represents, whether its authority covers the action and who the service agreement names as its parties. Keep any agent remuneration distinct from payment for the freelancer’s work. During the assignment, distinguish administrative assistance from approving timesheets, accepting deliverables and directing the work.
An agent can speak, negotiate and even sign in a freelancer’s name when duly authorised. Those acts alone do not make the agent the service provider. What matters is the authority behind the agent’s act and the contractual and practical roles of everyone involved.
Disclaimer
The information provided in this article is for general informational and educational purposes only and does not constitute legal, tax, or employment advice. Labor and classification regulations (such as the Dutch Wet DBA and EU directives) are highly complex, fact-specific, and subject to frequent changes and changing administrative policies. Reading this content does not create an attorney-client or advisory relationship with Zooly. Before making any decisions regarding contractor engagement, compliance frameworks, or classification policies, you should always consult a qualified local employment lawyer or tax professional. Zooly accepts no liability for any actions taken or decisions made based on the information provided on our website.
Editorial Note & AI Disclosure
In compliance with Article 50 of the EU AI Act, we disclose that artificial intelligence (AI) tools were utilized to assist in compiling, legal screening, and drafting this content. However, to ensure absolute legal precision and contextual accuracy regarding compliance topics, the final text has undergone full human editorial review and rigorous manual verification by the Zooly compliance team before publication.
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