Employment law

Non-compete clause investigation: evidence of breach, fast and discreet

Do you suspect that a former employee is breaching the non-compete or non-solicitation clause? We establish whether that is really happening and deliver evidence you can act on.

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Corporate

Non-Compete Clause Investigation

According to the Dutch government, one in three employees is now subject to a non-compete clause (Rijksoverheid, June 2026, in Dutch). A clause protects your clients, knowledge and staff only if you can prove a breach. What you suspect, such as clients being approached, knowledge surfacing at a competitor or a former employee starting a competing business, has to be substantiated with facts in injunction or main proceedings. SAJ Recherche delivers that evidence: lawfully obtained, with date, time and source, and aligned with your lawyer.

What we investigate

What do we investigate?

We establish whether a former employee is breaching the non-compete, non-solicitation or confidentiality clause. Through surveillance from public space we see whether the person works for a competitor or visits clients. Through open-source research we analyse LinkedIn and other public profiles, Trade Register entries, new company names, domain registrations and online presence. With network analysis we map which business contacts have moved. All findings are recorded in a report that can be used in injunction or main proceedings.

When should you engage us?

Employers approach us when a former employee has joined a competitor, clients report being approached, confidential business information surfaces at a competitor, a competing business has been started within the scope of the clause, or the former employee denies a breach. Acting quickly pays: the longer you wait, the harder it is to prove the damage and the link.

Legal framework: Article 7:653 Dutch Civil Code

A non-compete clause is only valid if agreed in writing with an adult employee under an employment contract for an indefinite period; under a fixed-term contract only with a written statement of compelling business interests. The court may annul the clause in whole or in part if the employee is unfairly disadvantaged by it (Article 7:653 DCC, in Dutch). At intake we check with you whether the clause holds on its face, so that the investigation is not in vain.

Upcoming change in the law

In June 2026 the Dutch government sent the Non-Compete Clause Modernisation Bill to the Council of State, aiming to submit it to the House of Representatives at the end of 2026. Core of the bill: the employer must pay compensation when invoking the clause, the clause may be applied for a maximum of one year and the geographical area must be stated in the clause (Rijksoverheid, 29 June 2026). Until the bill becomes law, the current Article 7:653 DCC applies. We follow its status and will update this page once the bill is enacted.

How does the investigation work?

Intake

you discuss the situation and share the clause; we assess feasibility and advise on the approach.

Investigation plan

a targeted plan with surveillance, open-source research or network analysis, with timeline and fixed price.

Execution

screened investigators work discreetly and within the Wpbr, the GDPR and the privacy code of conduct; the former employee notices nothing.

Reporting

a report with evidence and an explanation of its usability in proceedings. On request we coordinate with your lawyer.

Want to discuss your situation?

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⚖️ Legal framework

SAJ Recherche operates in compliance with the Dutch Private Security and Investigation Agencies Act (Wpbr) and the General Data Protection Regulation (GDPR/AVG). All investigations are conducted under POB licence 8779, issued by the Ministry of Justice and Security.

Legal recognition and licences

Ministry of Justice · POB licence 8779

GDPR-compliant · Data Protection Authority

Police-screened

DPIA - Data Protection Impact Assessment

DPIA-compliant

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Frequently asked questions

Can I establish a breach of the clause myself?

In theory yes, but self-collected evidence is often incomplete, undated or obtained in a way that works against you in proceedings. A report from a licensed agency with source, date and time carries more weight.

What if the former employee has become a freelancer?

A breach may still apply, depending on the wording of the clause. We investigate the actual work and clients; your lawyer assesses whether they fall under the clause.

How quickly can the investigation start?

Often within one to two working days after the intake and the signed agreement. If injunction proceedings are pending, we schedule with priority.

Does SAJ Recherche work with my lawyer?

Yes, preferably from the start. That way the evidence matches the positions in the writ or petition. Our legal partner is Breedijk Advocaten, but we work with any firm.

What if there is no breach?

Then we report that too. A report that refutes a suspicion prevents hopeless proceedings and the costs that come with them.

What does a non-compete investigation cost?

That depends on the resources required, mainly the number of surveillance days. After the intake you receive a fixed-price agreement. See also our rates.

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Read more about non-compete clause investigation

Case: Non-Compete Investigation Case: Internal Theft