Non-Compete and Non-Solicitation Clauses
Non-compete and non-solicitation clauses are only effective if they meet strict legal requirements. Get yours reviewed or drafted by a vetted legal professional, with a fixed price agreed upfront.
Many employers include non-compete clauses in employment contracts assuming they will prevent a departing employee from working for a competitor or approaching clients. But in the Netherlands, these clauses are only enforceable if they are worded correctly, proportionate in scope and duration, and included in the right type of contract. A clause that doesn't meet these requirements is worth nothing when you need it most.
Why iusmatch
- Find out if your existing clause holds up: A vetted legal professional reviews your current non-compete or non-solicitation clause and tells you whether it is enforceable as written, and what, if anything, needs to change.
- Draft a clause that actually protects you: If you need a new clause drafted, counsel produces one that is proportionate, correctly scoped, and enforceable under current Dutch employment law.
- Fixed price before any work starts: You see the full cost of the review or draft before committing. No open-ended billing.
How it works
- Describe your situation and upload the relevant documents: Log in, explain the employment relationship and what you are trying to protect, and upload the contract or clause. The platform generates a case summary for matched counsel.
- Receive proposals from matched counsel: Vetted legal professionals respond with exactly what they will review or draft, the timeline, and the fixed cost. You compare and choose.
- Get a clear answer and protect your business interests: You receive a plain-language assessment of enforceability, or a freshly drafted clause ready to include in your contracts. All via the platform.
Non-compete and non-solicitation clauses serve an important function: they protect your business relationships, client base, and confidential information when a key employee moves on. But their effectiveness depends entirely on whether they are legally valid and enforceable. In the Netherlands, non-compete clauses in employment contracts must meet specific requirements. They must be in writing, agreed at the start of the employment relationship, proportionate in geographic scope and duration, and in most cases limited to permanent contracts. Courts regularly set aside clauses that are too broad or that were included in fixed-term contracts without adequate justification. Non-solicitation clauses, which prevent a departing employee from approaching your clients or colleagues, have their own requirements and limitations. Getting these right matters, because if the clause is unenforceable, you have no legal basis to act when the employee walks out the door and calls your top clients. iusmatch connects you with vetted employment law practitioners who can assess your existing clauses or draft new ones. You post your question, describe the situation, and within hours receive specific proposals. Each proposal outlines the scope and fixed cost. You approve before any work begins. There are no platform fees for clients. If you want to know whether your protection actually holds up, now is the time to find out.
Frequently asked questions
- Are non-compete clauses enforceable in the Netherlands?
- Yes, but only if they meet specific legal requirements: they must be in writing, included in a permanent contract (or in a fixed-term contract with written justification), and proportionate in scope, geography, and duration. Courts regularly set aside clauses that fail these tests.
- Can I include a non-compete in a fixed-term contract?
- In most cases, no. Dutch law restricts non-compete clauses in fixed-term contracts unless there is a written statement explaining the substantial business interest that justifies the clause. A legal professional will advise on what is permissible for your situation.
- What is the difference between a non-compete and a non-solicitation clause?
- A non-compete prevents the employee from working for a competitor or starting a competing business. A non-solicitation clause prevents the employee from approaching your clients or colleagues after leaving. Both have different legal requirements and both need to be carefully drafted to be enforceable.
- What can I do if an employee breaches a non-compete?
- If the clause is valid and has been breached, you can seek an injunction to stop the activity and claim damages. A legal professional will advise on the strength of your position and the appropriate next steps.
- How much does it cost to have a non-compete clause reviewed or drafted?
- Each counsel sets their own price based on the scope of work. You see the full cost before committing. There are no platform fees for clients.
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