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Non Solicitation Agreement Template for Netherlands

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Key Requirements PROMPT example:

Non Solicitation Agreement

"I need a Non-Solicitation Agreement for a senior software developer leaving our Amsterdam-based tech company on March 1, 2025, primarily to prevent solicitation of our development team members and key clients in the Benelux region for 12 months."

Document background
The Non-Solicitation Agreement is a crucial business document used in the Netherlands to protect companies from the loss of valuable employees, customers, or business relationships to current or former business associates, employees, or competitors. This document is particularly relevant when employees leave an organization, during business sales or transfers, or in professional service arrangements. Under Dutch law, these agreements must be carefully drafted to ensure enforceability, as Dutch courts generally scrutinize post-employment restrictions closely. The agreement typically specifies prohibited activities, defines the scope of restrictions, and includes reasonable temporal and geographical limitations. It must balance the legitimate business interests of the protecting party with principles of free market competition and employee rights under Dutch employment law.
Suggested Sections

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

2. Background: Context of the agreement, including the business relationship between the parties and the legitimate business interests being protected

3. Definitions: Key terms used in the agreement, including 'Restricted Parties', 'Restricted Period', 'Solicitation', and 'Confidential Information'

4. Scope of Non-Solicitation: Detailed description of prohibited solicitation activities, including both customer and employee non-solicitation provisions

5. Duration: Specific timeframe for the non-solicitation obligations, ensuring compliance with Dutch law's reasonableness requirements

6. Geographical Scope: Definition of the geographical area where the restrictions apply

7. Exceptions: Permitted activities and legitimate exceptions to the non-solicitation obligations

8. Consideration: The compensation or benefit provided in exchange for the non-solicitation commitments

9. Remedies: Consequences of breach, including any liquidated damages and enforcement mechanisms

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

Optional Sections

1. Garden Leave: Provisions for paid leave during which the individual cannot work for competitors, used when immediate separation is desired

2. Transfer of Business: Specific provisions applying to business sale or transfer scenarios

3. Group Company Provisions: Extended provisions covering affiliated companies and group structures

4. Industry-Specific Restrictions: Additional restrictions specific to particular industries or professional sectors

5. International Provisions: Additional clauses for cross-border application of the agreement

6. Training Compensation: Provisions regarding compensation for specialized training provided, if applicable

Suggested Schedules

1. Schedule 1 - Restricted Customers: List of specific customers or customer categories covered by the non-solicitation provisions

2. Schedule 2 - Restricted Employees: Categories or levels of employees covered by the non-solicitation provisions

3. Schedule 3 - Territorial Scope: Detailed description of geographical areas covered, including maps if necessary

4. Appendix A - Consideration Details: Detailed breakdown of any financial compensation or benefits provided

5. Appendix B - Acknowledgment Form: Form for the restricted party to acknowledge understanding and acceptance of the restrictions

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

























Clauses
























Relevant Industries

Professional Services

Information Technology

Financial Services

Management Consulting

Healthcare

Pharmaceuticals

Manufacturing

Retail

Technology

Telecommunications

Engineering

Marketing and Advertising

Research and Development

Legal Services

Education and Training

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Business Development

Client Services

Research and Development

Professional Services

Operations

Account Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Sales Director

Business Development Manager

Senior Consultant

Department Head

Managing Partner

Regional Manager

Account Executive

Technical Lead

Research Director

Senior Engineer

Product Manager

Client Relations Manager

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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