Dutch plans to reform non-compete clauses entered advisory review in June 2026. The proposal would cap clauses at one year, require a geographical scope, and require compensation when an employer invokes one. It was not law on 8 September 2026.
Why this matters
A dispute turns on the contract, the employee’s role, the business interest, and the effect of the restriction. Courts may keep, suspend, narrow, or set aside a clause. CRM records, price files, access logs, customer contracts, and role descriptions affect what an employer can prove. A clause cannot rebuild a missing customer file after a senior employee leaves.
Example
In a 2026 case, Amsterdam District Court suspended a non-compete clause. The former employee could join the intended employer. The court kept a narrower relationship restriction. It covered relevant relationships of the employee’s branch where work contact and an agreement had existed in the previous twelve months. It could last no more than twelve months. The ruling shows that a court may allow a new job while limiting contact with a defined customer group.
XTROVERSO tips
- List the commercial information at risk. Name the current price lists, bids, customer pipeline, supplier terms, and product plans that could cause real harm. Record where each file is stored and who can access it.
- Map important customer relationships. Record the contract owner, recent contact, current work, and next renewal date. Do not leave the full customer history in one employee’s inbox or private messages.
- Check each clause against the actual role. Compare the restriction with the employee’s access and responsibilities. Check its duration, geographical scope, covered activities, and penalty.
- Review fixed-term and participation documents separately. Check the written justification in fixed-term contracts. Compare employment, confidentiality, option, certificate, and STAK documents without treating them as one package.
- Prepare the exit file before a resignation. Set steps for device return, access removal, customer handover, and confirmation of confidentiality duties. Keep dated records of every step.
- Get legal advice for a live case. Seek a role-specific legal review before invoking a clause, approving a move, or negotiating an exit. Do not rely on old template wording.
Need a practical review of contracts, commercial records, or your exit process? We can help identify the gaps
The data, sourcing, and analysis behind this article were conducted by Paolo Maria Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Paolo Maria Pavan before publication.
