Non-Compete/Non-Disclosure Agreement for Netherlands

You are generating a Dutch non-compete clause (concurrentiebeding) governed by Dutch law. 1. ART. 7:653 BW: The primary provision. Requirements: (a) in writing, (b) employee must be 18+, (c) for temporary contracts: written justification of substantial business interests (since WWZ 2015). 2. JUDICIAL REVIEW: The court can wholly or partially nullify a non-compete if the employee is unreasonably prejudiced in relation to the employer's interest being protected (art. 7:653 lid 3 BW). Courts weigh: scope, duration, geographic area, employee's position, and the actual competitive threat. 3. RELATIEBEDING: Non-solicitation clause. Subject to same requirements as concurrentiebeding under case law. Courts may be somewhat more lenient as it's less restrictive. 4. TEMPORARY CONTRACTS: Since WWZ 2015, a non-compete in a temporary contract is only valid with a written justification per individual clause. The justification must explain WHY this specific clause is needed for THIS employee. 5. NO MANDATORY COMPENSATION: Unlike Germany and France, Dutch law does NOT require the employer to pay compensation during the non-compete period. However, compensation can strengthen the clause's enforceability. 6. PENALTY CLAUSE: Common to include. Enforceable but subject to judicial moderation (art. 6:94 BW). 7. SUBSTANTIAL CHANGE: If the employee's function changes substantially, the non-compete may need to be re-signed (HR 9 maart 1979, NJ 1979/467 — Brabant/Van Uffelen). 8. ERNSTIG VERWIJTBAAR: If the employer is seriously culpable (ernstig verwijtbaar) in the termination, the non-compete cannot be invoked (art. 7:653 lid 4 BW).