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International Non Compete Agreement Template for England and Wales

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Key Requirements PROMPT example:

International Non Compete Agreement

"I need an International Non-Compete Agreement to restrict a departing senior software developer from working with competitors across the UK, US, and Singapore for 12 months starting March 2025, with specific focus on protecting our AI technology and client relationships."

Document background
International Non Compete Agreements are essential tools for businesses operating across multiple jurisdictions who need to protect their legitimate interests, trade secrets, and competitive advantage. These agreements, governed by English and Welsh law, are particularly relevant in today's global business environment where employees and businesses frequently operate across borders. The document typically includes specific restrictions on competitive activities, geographical limitations, time periods, and must be carefully drafted to ensure enforceability across different legal systems while maintaining compliance with both UK and international competition laws.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Restrictions: Detailed description of prohibited activities, including nature and extent of non-compete obligations

5. Duration: Time period for which the non-compete restrictions will remain in force

6. Geographic Scope: Territorial extent of restrictions and jurisdictions where non-compete applies

7. Consideration: Value or compensation provided in exchange for the non-compete restrictions

8. Enforcement: Provisions for enforcement of the agreement and remedies for breach

9. Governing Law: Applicable law and jurisdiction for dispute resolution

Optional Sections

1. Garden Leave: Terms of paid leave during restriction period - typically used in employment contexts

2. Intellectual Property: Protection of IP rights and related restrictions

3. Confidentiality: Additional provisions for protection of confidential information

4. Assignment: Rights and restrictions regarding transfer of obligations under the agreement

5. Severability: Provisions for maintaining validity of remaining clauses if parts are found unenforceable

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed list of geographical areas covered by the non-compete restrictions

2. Schedule 2 - Restricted Activities: Comprehensive description of prohibited activities and business sectors

3. Schedule 3 - Competitors: List of specific competing businesses covered by the restrictions

4. Schedule 4 - Consideration Schedule: Detailed breakdown of compensation or consideration structure

Authors

Alex Denne

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

Relevant legal definitions




















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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Common Law Principles: Fundamental legal principles including Doctrine of Restraint of Trade, Principle of Reasonableness, and Requirements for valid consideration that form the basis of non-compete agreements in England and Wales

UK Competition Act 1998: Primary legislation governing competition law in the UK, prohibiting anti-competitive agreements and abuse of dominant market position

Enterprise Act 2002: Legislation that provides the framework for merger control and market investigations in the UK

EU Retained Law: Former EU laws that have been retained in UK law post-Brexit, including relevant competition provisions

Article 101 TFEU: EU legislation prohibiting anti-competitive agreements, relevant when dealing with EU parties or effects on EU markets

Employment Rights Act 1996: Key employment legislation that may impact employment-related non-compete provisions

Trade Union and Labour Relations (Consolidation) Act 1992: Legislation governing labor relations that may affect collective aspects of non-compete agreements

Equality Act 2010: Anti-discrimination legislation that must be considered when drafting restrictive covenants

Rome I Regulation: Regulation determining the applicable law in contractual obligations for international contracts

Brussels Regime: Rules determining jurisdiction in international legal disputes

Private International Law (Miscellaneous Provisions) Act 1995: Legislation governing choice of law rules for contractual obligations in international contexts

Trade Secrets (Enforcement, etc.) Regulations 2018: Regulations protecting trade secrets and confidential information, crucial for non-compete provisions

UK GDPR: Data protection regulation that must be considered when handling personal information in non-compete agreements

Data Protection Act 2018: UK's implementation of data protection requirements, complementing UK GDPR

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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