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II.Trade Secrets, Non-Competes and Other Restrictive Covenantsin the Netherlands, the United Kingdom, Germany, Belgium,France and Italy.A. The Netherlands. 511. Trade Secrets in GeneralIn the Netherlands, an employer’s confidential and proprietary information will generallybe protected through express and implied terms of the employment contract. Even inthe absence of an express confidentiality clause, an employee will be subject to animplied duty of confidentiality, based on “good employeeship” (the principle ofreasonableness and fairness). 52As a result, as well as during employment as afteremployment has ended, an employee will be under an obligation not to use or disclosethe employer’s confidential information.2. Restrictive Covenantsa. Non-Compete ClauseThe current provisions on non-competition clauses are set forth in the section of theDutch Civil Code (DCC) on employment agreements.51 By Eva Knipschild (Eva.Knipschild@kvdl.nl) of the ALFA The Netherlands firm Kennedy Van der Laan.52 Article 7:611 of the Dutch Civil Code.3082723.3