In a competitive market, it is crucial for employers to protect business interests. Employees often have access to confidential information, customer relationships and strategic knowledge. At Guldemond Advocaten we advise you on legal instruments such as non-competition clauses, relationship clauses and secondary activities clauses to protect your company against unwanted competition and loss of essential company information.

Non-competition clause

A non-competition clause limits an employee’s ability to work for a competing company after termination of employment or to start a competing company themselves. We support you with:

• Drafting legally valid clauses: ensuring that the non-competition clause complies with legal requirements, including written record and specific justification for temporary contracts.
• Scope and proportionality: advise on the duration, geographic scope and nature of the prohibited activities to make and keep the clause enforceable.
• Enforcement and litigation: assist in taking action against violations, including initiating proceedings and claiming damages or fines.

Relationship clause

A relationship clause focuses on protecting your customers and business relationships. We help with:

• Formulation and implementation: drafting effective relationship clauses that hold up legally and are clear to the employee.
• Strategic protection: determining which relationships are covered by the clause and how best to protect your network.
• Dispute resolution: support for conflicts over alleged violations of the non-solicitation clause.

Side activities

Employees may engage in secondary activities that may conflict with your business interests. We advise on:

• Ancillary activities clauses: drafting clauses that restrict or prohibit ancillary activities, taking into account recent legislation that protects employee freedom.
• Consent procedures: establish policies requiring employees to request permission for certain ancillary activities.
• Legal actions: guidance in taking action when an employee engages in unauthorized ancillary activities.

Protection of confidential information

In addition to restrictive clauses, it is essential to protect confidential business information. We offer:

• Confidentiality clauses: drafting clauses requiring employees to maintain confidentiality during and after employment.
• Trade Secrets Act: advising on the protection of trade secrets under the Trade Secrets Protection Act.
• Enforcement: support in dealing with misuse or disclosure of confidential information.

Why Guldemond Advocaten?

Our expertise enables you to effectively protect your business interests without imposing unnecessary restrictions on your employees.

• Legal expertise: thorough knowledge of employment law and current case law.
• Pragmatic solutions: practical advice that meets your business needs and minimizes risk.
• Preventive approach: proactively identify potential risks and implement protective measures.

Get in touch

Do you want to secure your business interests or do you have a dispute with a (former) employee? Contact Guldemond Advocaten.