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contract, if an employee is subject to a confidentiality clause, he will be forbidden todisclose any information, document or data regarding the business trade to any thirdparty.In case of disclosure, he could be ordered to pay damages to his formeremployer to repair any suffered harm.b. Non Solicitation ClauseIn France, employment contracts provide for non-solicitation clauses. Such clausesforbid the employer from hiring any employee of the Company during a limited period.In practice, such clauses do not trigger many disputes. However, from a legal point ofview, it cannot be totally excluded that an Employment Court could consider these nonsolicitationagreements as non-compete clauses between the company and its currentemployees. Indeed such clauses limit the freedom of work of the current employees ofthe Company in case of termination of their employment contract.c. Non-Compete ClauseUnder French law, non-compete clauses can be enforced under the followingconditions. The non-compete obligation has to:• be justified by the protection of the legitimate interests of thecompany;• take into account the specificity of the functions of theconcerned employee;• be limited in time and space; and• provide for a non-competition indemnity.3082723.3