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Non Compete Non Circumvention Agreement Template for Netherlands

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Key Requirements PROMPT example:

Non Compete Non Circumvention Agreement

"I need a Non-Compete Non-Circumvention Agreement to protect my technology consulting firm when hiring senior developers, with restrictions covering the Benelux region and a duration of 12 months after employment termination."

Document background
The Non-Compete Non-Circumvention Agreement serves as a critical business protection tool in the Dutch legal context, commonly used when parties enter into business relationships involving access to sensitive information, valuable business contacts, or strategic knowledge. This document is particularly relevant in situations where there's a need to protect legitimate business interests from competitive activities and prevent the circumvention of established business relationships. Under Dutch law, such agreements must be carefully drafted to ensure enforceability, with reasonable limitations on duration, geographical scope, and restricted activities. The agreement typically includes detailed provisions on both non-compete obligations (preventing direct competition) and non-circumvention provisions (protecting business relationships and opportunities), while ensuring compliance with Dutch civil code requirements and competition law regulations.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and legitimate business interests being protected

3. Definitions: Definitions of key terms including Confidential Information, Restricted Business, Territory, and Restricted Period

4. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations

5. Non-Circumvention Obligations: Provisions preventing direct/indirect circumvention of business relationships and opportunities

6. Duration and Territory: Specific timeframe and geographical scope of restrictions, ensuring reasonableness under Dutch law

7. Exceptions and Permitted Activities: Clearly defined exceptions to the restrictions and activities that remain permissible

8. Consideration: Specific consideration provided in exchange for the restrictions

9. Confidentiality: Obligations regarding the treatment of confidential information

10. Remedies and Enforcement: Consequences of breach and enforcement mechanisms including penalties

11. General Provisions: Standard clauses including governing law, jurisdiction, and severability

Optional Sections

1. Garden Leave: Optional provisions for paid non-compete period, typically used in employment contexts

2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers

3. Training and Investment Protection: Specific provisions protecting employer investments in employee training

4. Post-Termination Obligations: Additional obligations following termination of primary relationship

5. Monitoring and Reporting: Requirements for periodic reporting or monitoring of compliance

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed definition of geographical areas covered by restrictions

2. Schedule 2 - Restricted Business Activities: Detailed list of specific business activities subject to restrictions

3. Schedule 3 - Protected Relationships: List of specific customers, suppliers, or business relationships protected by non-circumvention

4. Schedule 4 - Consideration Details: Detailed breakdown of consideration provided for the restrictions

5. Appendix A - Compliance Certificate: Template for periodic compliance certification if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses


























Relevant Industries

Technology

Professional Services

Financial Services

Manufacturing

Healthcare

Pharmaceuticals

Energy

Telecommunications

Real Estate

Construction

Retail

E-commerce

Consulting

Research and Development

Software Development

Relevant Teams

Legal

Sales

Business Development

Research and Development

Executive Leadership

Product Development

Client Services

Professional Services

Operations

Strategy

Investment

Technology

Innovation

Consulting

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Business Development Manager

Senior Consultant

Project Manager

Account Executive

Research Scientist

Software Engineer

Product Manager

Investment Manager

Operations Director

Technical Lead

Senior Partner

Managing Director

Regional Manager

Strategy Consultant

Solutions Architect

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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