Non-Competition after the Termination of Employment - Key Issues in the Light of Case Law and Legal Principles

Abstract

The interpretation and application of non-competition after the termination of employment has caused many doubts and controversies. This matter has been addressed by many researchers as well as the courts. The fundamental issues that are debated are how to understand competitive activity against an employer and how to define particularly important information, the disclosure of which could cause harm to the employer. It seems reasonable to argue that protection against an employee's harmful competitive conduct should apply not only to those employers who conduct economic activity, but also to others. These employers, however, should clearly communicate to their employees the spheres of activity and the information to which such non-competitive rules should apply.