Imagine a software developer from a residential area along the Rokkeveenseweg who drives every morning via the A12 to Den Haag. Upon leaving employment, a broad non-compete clause (concurrentiebeding) threatens to block him for months. In 2026, such a situation is about to change drastically.
Reasons for the legislative amendment
Courts annul or moderate the current non-compete clause (artikel 7:653 BW) in approximately sixty per cent of cases. Often there is no proper substantiation or the clause is too broad. This creates uncertainty for both employers and employees in the Zoetermeer-Den Haag region.
Key elements of the bill
Mandatory written substantiation
For permanent contracts, the clause must henceforth contain a concrete substantiation of the compelling business interest. Without such substantiation the clause is null and void.
Mandatory geographical and temporal limits
The proposal sets clear maxima:
- Maximum validity of one year after termination of employment
- Maximum geographical scope of fifty kilometres, with exceptions for specialist sectors
- Limitation to specific duties instead of an entire sector
Compensation obligation
Employers must pay fifty per cent of the last-earned gross monthly salary per month during the term of the clause. If the clause is not invoked, the obligation lapses. This discourages the use of standard clauses.
Prohibition at lower income
Anyone earning less than fifty thousand euros per year may no longer be subject to a non-compete clause. This affects many administrative and technical positions in Zoetermeer.
Actions for employers
Do not wait until the Act enters into force. Review existing contracts, make generic clauses specific and calculate the financial consequences of the new compensation scheme. Firms along the A12 that employ large numbers of IT staff would do well to inventory this now.
Information for employees
Do you have a non-compete clause in your contract? Check whether you fall below the income threshold. If so, the clause will probably lapse upon entry into force. For higher incomes: verify whether substantiation is present. Upon dismissal, request in writing whether the employer wishes to enforce the clause; after fourteen days of silence the clause often ceases to have effect.
Expected date of entry into force
The Tweede Kamer will consider the proposal at the end of 2026. After debate in the Eerste Kamer, entry into force is not expected before 1 January 2027. Until that date the current regime remains applicable, although courts at the Rechtbank Den Haag are already anticipating the new approach. For personal advice you can contact Juridisch Loket Zoetermeer or the Arslan office at Argonstraat 26.