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Non Disclosure Non Compete Agreement

Non Disclosure Non Compete Agreement Template for Netherlands

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Key Requirements PROMPT example:

Non Disclosure Non Compete Agreement

"I need a Non-Disclosure Non-Compete Agreement for a senior software developer joining our fintech startup in Amsterdam, with specific provisions for protecting our AI algorithms and a non-compete restriction covering the Benelux region for 12 months after employment ends."

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Document background
This Non-Disclosure Non-Compete Agreement is designed for use in the Netherlands when an organization needs to protect its confidential information and prevent competitive activities by current or former employees or business partners. The document is particularly relevant when employees or contractors have access to sensitive business information, trade secrets, or strategic plans. It complies with Dutch law requirements, including Article 7:653 of the Dutch Civil Code, which mandates that non-compete clauses must be in writing and include reasonable restrictions in terms of duration and scope. The agreement also incorporates provisions from the Dutch Trade Secrets Act and considers GDPR requirements for handling confidential information that may include personal data. It is commonly used during employee onboarding, business partnerships, or when engaging consultants who will have access to sensitive information.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Definitions of key terms including Confidential Information, Trade Secrets, Competitive Activities, and Territory

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information

5. Non-Compete Provisions: Specific restrictions on competitive activities, including duration, geographic scope, and nature of prohibited activities

6. Duration and Survival: Term of the agreement and which provisions survive termination

7. Return of Confidential Information: Obligations regarding the return or destruction of confidential information

8. Compensation for Non-Compete: Fair compensation for non-compete restrictions as required by Dutch law

9. Breach and Remedies: Consequences of breach, including penalties and enforcement mechanisms

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - used when business relationships need specific protection

2. Intellectual Property Rights: Specific provisions regarding IP ownership and rights - included when IP is a significant concern

3. Data Protection: GDPR compliance provisions - required when confidential information includes personal data

4. Assignment: Rules about transferring rights under the agreement - important for corporate transactions

5. Severability: Provisions for partial invalidity - particularly important when agreement covers multiple jurisdictions

6. Training and Development Exception: Exceptions for training received during employment - used when employer has invested significantly in employee development

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential

2. Schedule 2 - Restricted Territory: Detailed description or map of geographic areas covered by non-compete

3. Schedule 3 - Restricted Activities: Detailed list of specific activities prohibited under the non-compete

4. Schedule 4 - Compensation Schedule: Details of any compensation provided for non-compete restrictions

5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement

6. Appendix B - Return of Information Certificate: Template certificate confirming return/destruction of confidential information

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

Healthcare

Professional Services

Manufacturing

Retail

Biotechnology

Research and Development

Telecommunications

Software Development

Consulting

Engineering

Pharmaceutical

Relevant Teams

Legal

Human Resources

Research & Development

Sales

Executive Leadership

Information Technology

Product Development

Marketing

Finance

Operations

Business Development

Engineering

Data Science

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Sales Director

Research Scientist

Product Manager

Business Development Manager

Technical Lead

Senior Consultant

Account Manager

Project Manager

Software Engineer

Data Analyst

Marketing Director

Operations Manager

Financial Controller

HR Manager

Systems 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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