A concurrentiebeding is a contractual clause that prevents a former employee from joining a competing employer or starting a competing business within a defined period and geographic area after leaving. It must be agreed in writing with an employee who has reached the age of majority, and is enforceable only when included in the original signed contract or a written addendum. The clause is governed by Article 7:653 van het Burgerlijk Wetboek (BW), which remains the applicable regime throughout 2026.
In fixed-term contracts, a concurrentiebeding is valid only if the employer provides written reasoning demonstrating a compelling business interest (zwaarwegend bedrijfsbelang). Indefinite contracts do not require this justification, although courts regularly moderate or annul clauses that are disproportionate in scope, duration, or territory.
Current status of the reform (April 2026)
The Wetsvoorstel modernisering concurrentiebeding is in the parliamentary pipeline but is not yet in force. The internet consultation ran in March 2024. The Minister van Sociale Zaken en Werkgelegenheid (SZW) committed to submitting the bill to the Tweede Kamer at the end of 2025 or the beginning of 2026. Parliamentary treatment is expected in Q2 2026, with anticipated entry into force on 1 January 2027, subject to approval by both the Tweede Kamer and the Eerste Kamer. Until the bill is adopted and enters into force, Article 7:653 BW continues to apply unchanged.
Planned changes (preview, not yet law)
The published proposal flags four principal changes that employers should begin preparing for, while noting the text may still be amended during parliamentary treatment:
- A statutory maximum duration of one year.
- Mandatory financial compensation when the employer enforces the clause.
- A written justification of the zwaarwegend bedrijfsbelang in all contracts, including indefinite contracts.
- Mandatory specification of the geographic and functional scope of the restriction.
Employers should review existing clauses against this preview so that, if and when the bill enters into force on the anticipated date of 1 January 2027, their templates and active contracts can be brought into compliance without disruption.