“A non-competition clause always serves to protect the employer’s enterprise. An employer must therefore know exactly for what reasons the non-competition clause is necessary”

Many employment contracts contain non-competition and non-solicitation clauses. In the case of a non-competition clause, an employee may not compete with the (former) employer for a certain period of time after leaving the company. With a non-solicitation clause, an employee is prohibited from approaching business relations of the employer after leaving the company.

With a non-competition clause, an employer can guarantee that confidential and sensitive information obtained by an employee with regard to the employer’s company is not used to compete with the employer or to otherwise harm the employer’s enterprise and interests.

Important legal requirements apply to non-competition and non-solicitation clauses in employment contracts. For example, a non-competition or non-solicitation clause must be agreed upon in writing and an employee can contest the clause if the employer has insufficient interest in enforcing the clause.

When it comes to competition, we help with:

  • drafting clear non-competition, non-solicitation and confidentiality clauses. This also concerns the associated penalty clauses
  • assessing already agreed non-competition, non-solicitation and confidentiality clauses
  • enforcing non-competition and non-solicitation clauses and collecting contractual penalties
  • litigate non-competition and non-solicitation issues. For example, by demanding compliance (for an employer) with a non-competition clause or (for an employee) claiming the nullification of a non-competition clause
  • collecting evidence about violations and seizing evidence if necessary
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Zilver Advocaten

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Competition contracts in practice

Can the employer invoke the agreed non-competition clause? Has the written requirement been met? And how strong are we actually if the case goes to court?

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