Specific Freelance Niches

Virtual Assistant Agreement

A Virtual Assistant Agreement sets out the terms for remote administrative or operational support. Covers tasks, hours, confidentiality, and contractor status.

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Drafted to comply with Kenyan law and international common law standards.

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What this document covers

VA and client details
Services and tasks covered
Working hours or availability
Data access and confidentiality obligations
Data protection compliance (Kenya DPA 2019)
Independent contractor status
Fees and payment schedule
Notice period to end arrangement
Governing law clause

Frequently Asked Questions

Is a virtual assistant an employee or a contractor in Kenya?
A virtual assistant is typically an independent contractor. However, if they work exclusively for one client, follow a set schedule, and take direction on how to do their work, the Employment Act 2007 may treat them as an employee, triggering NSSF, NHIF, and PAYE obligations.
What confidentiality protections should a virtual assistant agreement include?
The VA often has access to emails, financial data, client lists, and internal systems. The agreement should require strict confidentiality, prohibit sharing of login credentials, specify data handling obligations under the Kenya Data Protection Act 2019, and require immediate return or deletion of data on termination.
Is a virtual assistant agreement enforceable internationally?
Yes. VA agreements are enforceable across all common law jurisdictions. For cross-border arrangements, the agreement should specify which country's law governs and which courts have jurisdiction in the event of a dispute.