Non Solicitation Agreement Template for Belgium

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Key Requirements PROMPT example:

Non Solicitation Agreement

"I need a Non Solicitation Agreement under Belgian law to prevent a departing senior software developer from poaching our technical team members and key clients for 12 months after they leave in March 2025."

Document background
This document is essential in business relationships where there is a need to protect against the solicitation of employees, customers, or business contacts. A Non-Solicitation Agreement under Belgian law is commonly used in employment terminations, business sales, partnership dissolutions, or contractor engagements. It defines the scope of restricted activities, duration of restrictions, and geographical limitations, all while ensuring compliance with Belgian competition law and employment regulations. The agreement is particularly important in scenarios involving access to sensitive business relationships or key personnel, and must be carefully drafted to balance business protection with legal enforceability under Belgian jurisdiction. Key considerations include reasonable time limits, clear definitions of prohibited activities, and appropriate remedies for breach, all structured within the framework of Belgian civil law and EU regulations.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of the non-solicitation provisions

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

4. Non-Solicitation Obligations: Core provisions detailing the specific restrictions on solicitation of employees, customers, or suppliers

5. Duration and Territory: Temporal and geographical scope of the non-solicitation restrictions

6. Exceptions and Permitted Activities: Specific circumstances where the non-solicitation restrictions do not apply

7. Remedies: Legal remedies available in case of breach, including injunctive relief and damages

8. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains enforceable

9. Governing Law and Jurisdiction: Specification of Belgian law as governing law and designation of competent courts

10. Entire Agreement: Confirmation that the document represents the complete agreement between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Consideration: Details of any consideration provided in exchange for the non-solicitation obligations, used when agreement is standalone rather than part of a larger agreement

2. Confidentiality Obligations: Additional provisions regarding confidential information, used when not covered in a separate NDA

3. Assignment: Rights and restrictions regarding transfer of agreement obligations, included when relevant to business context

4. Notices: Communication procedures between parties, included in more formal or complex agreements

5. Survival: Specification of which provisions survive termination, included when agreement is part of a larger contract

6. Data Protection: GDPR compliance provisions, included when personal data processing is involved

7. Amendment Process: Procedures for modifying the agreement, included in longer-term arrangements

Suggested Schedules

1. Schedule 1 - Restricted Persons: List of specific employees, customers, or suppliers covered by the non-solicitation provisions

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas where restrictions apply

3. Schedule 3 - Permitted Activities: Detailed list of specifically allowed activities that won't constitute breach

4. Appendix A - Notice Requirements: Detailed procedures for giving notices under the agreement

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

Healthcare

Manufacturing

Retail

Consulting

Telecommunications

Pharmaceuticals

Software Development

Engineering

Research and Development

Education

Sales and Distribution

Media and Entertainment

Relevant Teams

Human Resources

Legal

Executive Leadership

Business Development

Sales

Operations

Recruitment

Compliance

Contract Administration

Finance

Strategy

Corporate Development

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Business Development Manager

Sales Director

Managing Partner

Chief Operating Officer

Recruitment Manager

Department Head

Project Manager

Account Executive

Contract Manager

Chief Financial Officer

Vice President of Operations

Regional 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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