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Non Compete Non Circumvent Agreement

Non Compete Non Circumvent Agreement Template for Netherlands

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Key Requirements PROMPT example:

Non Compete Non Circumvent Agreement

"I need a Non Compete Non Circumvent Agreement under Dutch law for a senior software developer joining my technology company in March 2025, with restrictions covering the Benelux region for 12 months post-employment and specific protections for our AI technology and client relationships."

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Document background
A Non-Compete Non-Circumvent Agreement is essential for businesses operating in the Netherlands seeking to protect their legitimate interests, trade secrets, and business relationships. This document is typically used when engaging employees, contractors, or business partners who will have access to sensitive information or valuable business relationships. The agreement must comply with Dutch law requirements, particularly regarding reasonableness in scope, duration, and geographical limitations. It combines both non-compete provisions (preventing competitive activities) and non-circumvention provisions (protecting business relationships), while ensuring enforceability under Dutch employment and competition laws. The document is particularly relevant in situations involving senior positions, specialized knowledge, or access to confidential information.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement including 'Confidential Information', 'Restricted Business', 'Territory', and 'Restricted Period'

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

5. Non-Circumvention Obligations: Restrictions on circumventing the company's relationships with clients, suppliers, and business partners

6. Duration and Territory: Explicit statement of the time period and geographical area where restrictions apply, ensuring compliance with Dutch reasonableness requirements

7. Consideration: Statement of consideration or compensation provided in exchange for the restrictions

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Reasonableness and Severability: Provisions allowing court modification if terms are deemed unreasonable, and severability of unenforceable provisions

10. Remedies and Enforcement: Legal remedies available for breach, including injunctive relief and damages

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. International Application: Additional provisions for cross-border enforcement when parties operate internationally

2. Industry-Specific Restrictions: Additional restrictions specific to particular industries or professions

3. Post-Termination Obligations: Specific obligations that continue after the termination of the main business relationship

4. Garden Leave: Provisions for paid non-compete period, if applicable

5. Assignment and Succession: Rights to assign the agreement, particularly relevant for corporate restructuring

6. Alternative Dispute Resolution: Mediation or arbitration provisions as alternatives to court proceedings

7. Compliance with Works Council: Reference to works council approval where required under Dutch law

8. Reporting Requirements: Obligations to report new employment or business activities during restricted period

Suggested Schedules

1. Schedule 1: Restricted Activities: Detailed list of specific activities, businesses, or roles that are restricted

2. Schedule 2: Restricted Territory: Detailed description or map of geographical areas where restrictions apply

3. Schedule 3: Restricted Clients/Customers: List of specific clients or customer categories covered by non-circumvention provisions

4. Schedule 4: Competitors: List of specific competing businesses or organizations if applicable

5. Schedule 5: Consideration Details: Detailed breakdown of any compensation or consideration provided

6. Appendix A: Acknowledgment Form: Form for periodic acknowledgment of ongoing compliance with restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
































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Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Research & Development

Healthcare

Pharmaceuticals

Telecommunications

Software Development

Management Consulting

Retail

Energy

Biotechnology

Engineering

Media & Entertainment

Relevant Teams

Executive Leadership

Sales

Business Development

Research & Development

Information Technology

Product Development

Customer Success

Operations

Finance

Human Resources

Legal

Marketing

Engineering

Strategy

Professional Services

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Business Development Manager

Senior Software Engineer

Product Manager

Research Scientist

Management Consultant

Account Executive

Technical Lead

Senior Financial Analyst

Operations Manager

Project Manager

Business Analyst

Marketing Director

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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