What is a service level agreement (SLA) under Dutch law?

Dutch term: Service Level Agreement (SLA) | Legal basis: Freedom of contract + Book 7 BW

A service level agreement (SLA) under Dutch law is a contract or contract annex that specifies the performance standards, response times, availability levels and remedies for a service engagement. SLAs are governed by the general rules of Dutch contract law and, where the services qualify as an agreement for the provision of services (opdracht), by articles 7:400 to 7:413 of the Dutch Civil Code.

Key SLA provisions include performance metrics (uptime, response time, resolution time), measurement methodology, reporting obligations, escalation procedures, service credits for underperformance, and termination triggers for persistent SLA failure. Under Dutch law, the service provider must perform with the care of a reasonable professional (article 7:401 BW), and this duty cannot be fully contracted away.

Why it matters for international businesses

For international technology and outsourcing contracts with a Dutch service provider, the SLA is the operational backbone of the relationship. Getting the metrics and remedies right is essential for enforceability.