Non Compete Contract Template for Belgium

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Key Requirements PROMPT example:

Non Compete Contract

"I need a Non Compete Contract for a senior software developer in our Brussels-based technology company, covering Belgium and neighboring countries, with specific provisions for protecting our AI technology and client relationships."

Document background
The Non-Compete Contract serves as a crucial tool for businesses operating in Belgium to protect their legitimate business interests, trade secrets, and client relationships. This document is typically implemented when hiring or promoting employees to positions where they will have access to sensitive information, key client relationships, or proprietary technology. Belgian law places specific restrictions on such agreements, requiring them to be limited in duration (maximum 12 months), geographical scope, and including mandatory compensation of at least 50% of the employee's salary during the restricted period. The agreement must be justified by the nature of the employee's role and their access to confidential information or business relationships. It's essential to note that Belgian courts strictly interpret these requirements and may invalidate agreements that exceed legal limitations.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers

2. Background: Context of the agreement, including the employee's role and access to confidential information

3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Territory', 'Confidential Information', and 'Business Interests'

4. Scope of Non-Compete: Detailed description of prohibited competitive activities and specific roles/positions covered

5. Geographic Territory: Clear definition of the geographical area where the non-compete obligations apply, complying with Belgian law limitations

6. Duration: Time period of the non-compete obligation (maximum 12 months under Belgian law)

7. Compensation: Mandatory compensation amount for the non-compete period (minimum of 50% of salary for the corresponding period under Belgian law)

8. Employee Acknowledgments: Employee's confirmation of understanding and acceptance of restrictions

9. Notification Requirements: Process for notifying new employers and the former employer about potential violations

10. Remedies and Enforcement: Legal remedies available in case of breach, including specific performance and damages

11. Governing Law: Specification of Belgian law as governing law and jurisdiction

12. Signatures: Execution blocks for all parties

Optional Sections

1. International Scope: Additional provisions for cross-border activities, required when the employee works in multiple countries

2. Industry-Specific Restrictions: Additional restrictions based on specific industry requirements or collective bargaining agreements

3. Customer Non-Solicitation: Specific provisions preventing contact with customers, if relevant to the role

4. Employee Non-Solicitation: Provisions preventing the solicitation of other employees, if appropriate

5. Post-Termination Obligations: Additional obligations beyond the non-compete, such as return of property

6. Severability: Provisions for maintaining validity if certain clauses are found unenforceable

7. Language Requirements: Required when the agreement needs to be in multiple languages for legal compliance

Suggested Schedules

1. Schedule 1 - Compensation Calculation: Detailed breakdown of the non-compete compensation calculation

2. Schedule 2 - Territory Map: Visual representation and detailed description of the geographic territory

3. Schedule 3 - Competitive Business List: Specific list of competitors or competing businesses covered by the agreement

4. Schedule 4 - Confidential Information Categories: Detailed list of types of confidential information covered by the agreement

5. Appendix A - Employee's Position and Duties: Detailed description of the employee's role and responsibilities justifying the non-compete

Authors

Alex Denne

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

Relevant Industries

Technology

Professional Services

Financial Services

Pharmaceuticals

Manufacturing

Research and Development

Consulting

Healthcare

Telecommunications

Software Development

Biotechnology

Engineering

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Research & Development

Product Development

Information Technology

Business Development

Operations

Finance

Engineering

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Sales Director

Business Development Manager

Research Scientist

Product Manager

Technical Lead

Senior Consultant

Account Executive

Operations Director

Chief Financial Officer

Head of Research

Senior Marketing Manager

Regional Sales Manager

Technical Architect

Principal Engineer

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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