Non-Disparagement Agreement Template for Netherlands

A Non-Disparagement Agreement is a legal contract that stops parties from making negative or harmful statements about each other. In Dutch business settings, these agreements commonly appear during employment terminations, business partnerships, and settlement negotiations. They help protect reputations and maintain professional relationships by creating clear boundaries around public communications.

Under Dutch law, these agreements must balance free speech rights with legitimate business interests. Courts typically enforce them when they're reasonable in scope and duration. Many Dutch employers now include non-disparagement clauses in separation agreements to ensure smooth transitions and protect company goodwill, while allowing for legally required disclosures to authorities or regulators.

Consider using a Non-Disparagement Agreement during sensitive business transitions or when ending professional relationships in the Netherlands. These agreements prove especially valuable during employee departures, business partnership dissolutions, or settlement negotiations where protecting reputation is crucial. They help prevent public conflicts and maintain professional dignity for all parties involved.

Dutch businesses often implement these agreements during mergers and acquisitions, executive transitions, or when resolving workplace disputes. They're particularly important when dealing with high-profile personnel changes, protecting trade secrets, or managing social media risks. The agreement creates clear boundaries for public communications while preserving legal rights under Dutch employment law.

• Mutual Non-Disparagement: Both parties agree not to make negative statements about each other, common in business partnerships and employment separations
• One-Way Non-Disparagement: Only one party (usually an employee) agrees not to make negative statements, typical in severance agreements
• Limited-Scope Agreements: Restricts disparagement only about specific aspects, like business practices or products
• Time-Bound Clauses: Sets clear expiration dates for the non-disparagement obligation, often aligned with Dutch employment law requirements
• Industry-Specific Versions: Tailored for sectors like tech or finance, with provisions addressing unique reputational concerns and regulatory compliance

• Employers: Dutch companies use Non-Disparagement Agreements during employee exits, protecting corporate reputation and maintaining professional relationships
• Departing Employees: Often sign these agreements as part of severance packages, agreeing to maintain professional discretion about their former workplace
• Business Partners: Include these clauses when dissolving partnerships or ending commercial relationships
• Legal Counsel: Draft and review agreements to ensure compliance with Dutch employment law and free speech protections
• HR Professionals: Implement and manage these agreements during employment transitions and dispute resolutions

• Identify Parties: Gather full legal names and contact details of all individuals or organizations involved
• Define Scope: Outline specific topics, activities, or information covered by the non-disparagement obligations
• Set Duration: Determine how long the agreement will remain in effect under Dutch law
• List Exceptions: Specify permitted disclosures, like legal proceedings or regulatory requirements
• Draft Clear Terms: Our platform generates precise, legally compliant language that defines prohibited actions and consequences
• Review Details: Confirm all terms align with Dutch employment law and free speech protections

• Party Details: Full legal names, addresses, and roles of all involved parties
• Scope Definition: Clear description of prohibited statements and communications
• Legal Exceptions: Mandatory carve-outs for Dutch regulatory compliance and court proceedings
• Duration Terms: Specific timeframe for the agreement's effectiveness
• Remedies: Consequences and enforcement mechanisms for breaches
• Governing Law: Explicit reference to Dutch law and jurisdiction
• Severability: Clause ensuring partial invalidity doesn't void entire agreement
• Signature Block: Space for dated signatures with witness provisions if needed

A Non-Disparagement Agreement often gets confused with a Non-Disclosure Agreement (NDA) in Dutch business settings. While both protect sensitive information, they serve distinct purposes and operate differently under Dutch law.

• Scope of Protection: Non-Disparagement Agreements specifically prevent negative statements about reputation, while NDAs protect confidential business information and trade secrets
• Duration and Enforcement: NDAs typically have longer enforcement periods and clearer triggers for breach, while non-disparagement terms often focus on immediate post-relationship periods
• Legal Requirements: Under Dutch law, NDAs must specify exact confidential information, while non-disparagement terms can be more general about protecting reputation
• Common Usage: NDAs are standard in business relationships and protect specific information, while non-disparagement clauses typically appear in employment terminations and settlement agreements