MKB Juristen drafts custom legal documents
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Having a non-compete clause drafted by a specialized SME lawyer typically costs between €150 and €500, depending on whether it concerns a standalone clause or a complete employment contract including non-compete, non-solicitation, and penalty clauses. The process consists of identifying the interest to be protected, determining the duration and scope, and formulating it in a legally watertight manner in accordance with Article 7:653 of the Dutch Civil Code. The investment pays off because a well-substantiated clause holds up in court, whereas a sloppily drafted clause often fails.
The short answer
- Costs: €150 – €500 for a custom-drafted stipulation or clause.
- What: Written agreement restricting competition after termination of employment.
- Process: determine importance, define scope, formulate legally, sign.
- Basis: Article 7:653 of the Dutch Civil Code; for a temporary contract, a written justification.
- Do it yourself: possible in a standard situation with a good example; have complex cases checked.
Having a non-compete clause drawn up: when is it wise?
Having a non-compete clause drafted is particularly advisable when an employee gains access to sensitive information: customer databases, pricing agreements, technical knowledge, or strategic plans. It also pays to have the clause professionally formulated for key positions involving extensive customer contact or temporary contracts, as the requirements are stricter in those cases.
The clause protects the business goodwill: the established market position and know-how. A clause intended solely to retain staff will not hold up. The drafter must therefore clearly determine which specific interest deserves protection.
The process step by step
- Determine interest: what knowledge, relationships, or position do you want to protect, and why does this position affect that interest?
- Define scope: which activities, area, and duration are reasonable and necessary?
- Choose a form: a non-compete clause, a lighter non-solicitation clause, or a combination with a penalty clause.
- Justification: for a temporary contract, a concrete written substantiation of the compelling business interests.
- Formulate and sign: include in the employment contract and have the adult employee sign it.
The written requirement
A non-competition clause is only valid if it has been agreed upon in writing with an adult employee. This written requirement is not a formality: it warns the employee of the severity of the obligation. Therefore, include the clause in the signed employment contract itself, or in a separate document to which the agreement explicitly refers and which the employee accepts.
A reference to a collective labour agreement or employee handbook that the employee has never signed is generally insufficient. Anyone who has a clause drafted therefore always receives a clause that fits directly into the contract.
Duty to provide reasons for a fixed term
In principle, a non-competition clause is not permitted in a fixed-term employment contract. It may only be included with a written justification in which the employer explains which compelling business or service interests make the clause necessary. This justification must be specific and established at the time the contract is entered into.
A general wording is not accepted. A legal expert ensures that the justification aligns with the specific position and situation, so that the clause is not void. This is one of the most important reasons to have a temporary contract containing a clause reviewed.
How much does it cost?
- Separate clause: €150 – €300 for a custom-formulated non-compete or non-solicitation clause.
- Justified clause (fixed term): €250 – €400, including substantiation of substantial interests.
- Complete employment contract: €300 – €500 with non-compete, non-solicitation, confidentiality, and penalty clauses.
- Assessment of existing clause: €100 – €250 for a viability check.
The range depends on complexity and whether a tailored approach is required in the balancing of interests. A well-drafted clause is significantly cheaper than litigation regarding a clause that does not hold up.
Balancing of interests and sustainability
Even a correctly drafted clause can be reviewed by the court. Pursuant to Article 7:653, paragraph 3 of the Dutch Civil Code, the court may moderate or annul the clause if the employee is unfairly disadvantaged by it in relation to the employer's interest. An excessively long duration or an excessively broad scope increases that risk.
An experienced drafter therefore deliberately opts for a limited duration (often six to twelve months), a specific scope, and a clear description of the prohibited activities. This ensures the clause remains proportionate and enforceable.
Announced legislative amendment
The legislature is preparing stricter rules. Expected are, among other things, a maximum duration, a mandatory geographical demarcation, a duty to provide reasons even for permanent contracts, and possibly compensation to the employee for the fixed period. Anyone having a clause drafted now would benefit from a limited, well-substantiated clause that aligns with this direction, so that subsequent adjustments remain limited. The final content and date had not yet been determined at the time of writing.
Honest recommendation
For a standard situation — a permanent contract, a limited duration, and a specific description — you can often manage on your own with a reliable sample clause; hiring a lawyer is not strictly necessary in such cases. However, do seek assistance for a temporary contract (due to the obligation to provide reasons), a key position, a broad geographical scope, or a substantial penalty clause. That is where the difference between a viable and a worthless clause is greatest, and you will more than recoup that difference in a single legal proceeding.
Also read what a non-compete clause is and the non-compete clause checklist. You can arrange custom solutions via the non-compete clause.
Frequently Asked Questions
Typically €150 – €500. A standalone clause costs €150 – €300, a substantiated clause for a temporary contract €250 – €400, and a complete employment contract with multiple clauses €300 – €500.
First, the interest to be protected is determined, then the scope (activities, area, duration) is defined, subsequently the clause is legally formulated, and finally signed by the adult employee in the employment contract.
Yes. A non-compete clause is only valid if it has been agreed upon in writing with an adult employee. Include it in the signed employment contract or in a document that the employee expressly accepts.
Only with a concrete written justification of the compelling business interests. Without such justification, or if the substantiation is too general, the clause is void. Therefore, have this drafted professionally.
The law does not specify a fixed maximum duration, but in practice, six to twelve months is customary and sustainable. A longer period increases the risk that the court will moderate or annul the clause following a balancing of interests.
For a standard permanent contract of limited duration, this can be done with a good example. Have it reviewed for a temporary contract, a key position, a broad territory, or a substantial penalty clause, where the risks of invalidity are greatest.
A tightening of the rules has been announced, including a maximum duration, mandatory geographical delimitation, a broader duty to provide reasons, and possible compensation for the employee. A limited, well-substantiated clause aligns best with this.
