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Non Compete For Independent Contractors

Non Compete For Independent Contractors Template for Netherlands

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Key Requirements PROMPT example:

Non Compete For Independent Contractors

"I need a Non Compete For Independent Contractors agreement for a software development consultant in Amsterdam who will have access to our proprietary AI algorithms and client data, with restrictions covering the Benelux region for 12 months after termination, starting from March 2025."

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Document background
This Non-Compete For Independent Contractors agreement is designed for use in the Netherlands when engaging independent contractors (ZZP'ers) in situations where they will have access to sensitive business information, important client relationships, or valuable intellectual property. The document provides legal protection for companies by restricting contractors from competing activities, soliciting clients or employees, or misusing confidential information for a specified period after their engagement ends. It includes specific provisions compliant with Dutch law regarding duration, geographical scope, and reasonable restrictions, while considering the contractor's right to work. The agreement is particularly important in knowledge-intensive industries where contractors may gain significant insight into company operations, strategies, or client relationships.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor

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

3. Definitions: Key terms including Confidential Information, Competitive Activities, Territory, and Restricted Period

4. Scope of Services: Brief description of the contractor's services to establish context for the restrictions

5. Non-Compete Obligations: Core restrictions on competitive activities, including geographical scope and duration

6. Non-Solicitation of Customers: Restrictions on approaching or dealing with company clients and prospects

7. Non-Solicitation of Personnel: Restrictions on hiring or soliciting company employees or other contractors

8. Consideration: Compensation provided in exchange for the non-compete obligations

9. Duration and Territory: Specific timeframe and geographical area of restrictions

10. Acknowledgments: Contractor's confirmation of reasonableness and understanding of restrictions

11. Remedies: Consequences of breach, including injunctive relief and penalties under Dutch law

12. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction of Dutch courts

13. Signatures: Execution blocks for both parties

Optional Sections

1. Garden Leave: Optional provision for paid non-compete period immediately following termination, used when immediate competition risk is high

2. Carve-outs: Specific exceptions to the non-compete obligations, used when contractor has existing clients or commitments

3. Post-Termination Notification: Requirements to inform company of new business activities, used for high-risk contractors

4. Training and Special Knowledge: Section describing specific training or knowledge gained, used to justify restrictions

5. Severability and Modification: Provisions allowing court modification of terms, used in jurisdictions where restrictions may be challenged

6. Survival: Specification of which provisions survive termination of the main service agreement, used when separate from main contract

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by restrictions

2. Schedule 2 - Restricted Clients: List of specific clients covered by non-solicitation provisions

3. Schedule 3 - Competitive Activities: Detailed description of prohibited competitive activities and business areas

4. Appendix A - Consideration Calculation: Details of any financial compensation provided for the restrictions

5. Appendix B - Existing Commitments: List of pre-approved activities or clients excluded from restrictions

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






























Clauses



























Relevant Industries

Information Technology

Management Consulting

Professional Services

Healthcare

Financial Services

Engineering

Research and Development

Creative Industries

Telecommunications

Biotechnology

Software Development

Digital Marketing

Relevant Teams

Legal

Human Resources

Procurement

Operations

Executive Leadership

Finance

Compliance

Risk Management

Relevant Roles

Independent Consultant

Freelance Developer

Contract Project Manager

External Advisor

Interim Manager

Freelance Designer

Contract Business Analyst

Independent Sales Representative

External Marketing Specialist

Contract Research Scientist

Freelance Technical Architect

Independent Strategy Consultant

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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