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that justify to do so anyway. When including such clause, the employer mustsubstantiate these interests in writing, either in the employment contract itself or in anappendix to the contract. When at the end of the employment contract the employerrelies on the non-compete clause, he must be able to prove that these interests stillexist. Failing such written substantiation, the non-compete clause will be void. If theclause is not required because of substantial business or service interests, the courtmay declare the clause void in its entirety.2. EnforceabilityThe DCC also contains criteria which are relevant to the enforceability of a noncompetitionclause: the non-competition clause may not be unfairly detrimental to theemployee as compared to the employer’s interest to be protected.Therefore, theinterests of the employer and the employee have to be weighed. The court may nullifyall or part of the non-competition clause if it is of the opinion that the clause is unfairlydetrimental to the employee. In the event of a partial nullification, a restriction on theprohibited activities or a restriction as to the duration or geographic scope of the clausemay be considered. The restriction that is deemed reasonable will depend, inter alia, onthe relevant industry and the position held by the employee, as well as on the durationof the relevant employment agreement.b. Business Relationship ClauseThe DCC does not contain specific rules regarding a business relationship clause.Pursuant to case law, a business relationship clause in principle qualifies as a non-3082723.3