e-TafaknaThis clause states whether the provider may use subcontractors, with whose consent and under what responsibility. It protects the client against the arrival of an unknown third party on its project or data. It also reminds the parties that the main provider remains fully liable for the work delivered.
Create a free account1. The Provider may not subcontract all or part of its obligations under this contract without the Client's prior written consent. 2. Any request for consent shall specify the identity of the subcontractor, the services concerned and the guarantees it offers in terms of competence, security and compliance with labour and tax obligations. 3. The Provider shall impose on its subcontractors obligations of confidentiality, security and personal data protection at least equivalent to those in this contract. 4. The Provider remains fully responsible to the Client for the performance of the subcontracted services, as if it had performed them itself. 5. The Provider shall not use subcontracting to make staff available to the Client under the Client's direction or in breach of applicable labour law. 6. The Client may object to a subcontractor for a legitimate reason, notified in writing within [NUMBER] days.
Replace the bracketed items before use.
The Client authorises the Provider to use the subcontractors listed in [ANNEX] for the services indicated there. Any change or addition shall be notified to the Client at least [NUMBER] days in advance, and the Client may object for a legitimate reason within that period. The Provider remains fully liable for the services performed by its subcontractors.
TunisiaLaw No. 2025-9 criminalises labour subcontracting. A service contract remains lawful only if it requires specialised expertise, falls outside the beneficiary's principal and permanent activity, and the workers are not under the beneficiary's direction or control.
Source: DLA Piper, New legislation overhauling Tunisia's employment framework
FranceWhere the subcontractor processes personal data, the GDPR requires the processor to obtain the controller's authorisation before engaging another processor.
Source: CNIL, Travailler avec un sous-traitantNo. Since Law No. 2025-9, labour subcontracting is a criminal offence. Only genuine service contracts requiring specialised expertise, outside the client's core activity and without the client directing the workers, remain possible.
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