"We put a non-compete clause, we're covered." We hear this sentence every week. In two cases out of three, the clause in question is null and unenforceable. Here are the five criteria of validity in Belgian law.

Criterion 1: the remuneration threshold

A non-compete clause is only valid in an employee's contract if the gross annual remuneration exceeds a floor, revised annually. For 2026, the threshold is around €39,353 gross annual for the principle of validity, and €78,706 to allow a derogatory clause (extended duration and scope).

Below the first threshold, the clause is simply null, regardless of the position held. A developer paid €35,000 gross with a three-year non-compete clause in their contract: the clause is worthless.

Criterion 2: maximum duration

The clause cannot prohibit competitive activity for more than 12 months after end of contract, except under derogatory regime (higher remuneration threshold + international sector or specific company interests).

A 24-month clause in a "standard" contract is reducible ex officio by the judge — or, more often, simply set aside.

Criterion 3: geographic scope

The clause must be geographically limited to a territory "where the employee can actually compete with the company, given the nature of the activity". A clause prohibiting activity across "the whole of Belgium" for a sales rep active in three provinces will be invalidated for excess.

Criterion 4: material scope

The clause must precisely designate the prohibited activities. "Any competing activity" is too vague and will be set aside. "Any cybersecurity consulting activity for Belgian or Luxembourg clients" is precise, enforceable.

Criterion 5: compensatory indemnity

This is the most frequently forgotten criterion. Validity of the clause is conditional on payment by the employer of a compensatory indemnity equivalent to at least half the gross remuneration corresponding to the clause's duration.

Concretely, for an employee at €60,000 gross annual and a 12-month clause, the employer must pay at least €30,000 gross at the end of the contract. The employer can waive application of the clause within 15 days following termination — in which case the indemnity is not due.

The case of independent contractors

For independent providers (freelancers, consultants), the framework is very different. The non-compete clause falls under contract law and not employment law. It must respect general principles: proportionality, limitation in time and space, protection of a legitimate interest, absence of disproportionate infringement of professional freedom. Belgian commercial courts regularly annul overly broad clauses.

What must be done

Two questions to check your current contracts. Does the person's salary exceed the legal threshold? Does the contract expressly provide for compensatory indemnity? If either answer is no, the clause is ineffective — and gives a false sense of security, preventing setting up real protections (confidentiality clause, non-solicitation of clientele clause, framing of trade secrets by NDA).

These alternatives are often more effective than a poorly drafted non-compete clause. It's a standard project we carry out under the Expert package, across an entire contractual stock, in one to two weeks.