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ARTICLE · 17 AUGUST 2021

FAQ: Employment Law In Denmark – Part 5 – Restrictive Covenants

In this 5th and final part of the FAQ, we will cover questions related to restrictive covenants.

DenmarkEmployment and HR

In this 5th and final part of the FAQ, we will cover questions related to restrictive covenants.

What types of restrictive covenants are allowed?

Under Danish law, an employer is entitled to enter into restrictive covenants with its employees. An employer may opt for either

  1. a non-competition clause (prohibiting the employee from competing with the employer);
  2. a non-solicitation of customers' clause (prohibiting the employee from doing any business with the employer's customers or other business associates); or
  3. a combined non-competition and non-solicitation of customers' clause.

What is the maximum term of the restrictive covenants?

The term of the restrictive covenant may be no longer than 12 months after the effective date of termination of the employment if the employer has opted for either a) a non-competition clause or b) a non-solicitation of customers' clause.

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