CORPORATE INVESTIGATION — NON-COMPETE AND NON-SOLICITATION
Is a former employee taking clients or business opportunities?
An employee leaves and soon afterwards clients move away, colleagues are approached or a competing business appears. It can feel as though the trust and knowledge you provided have been misused. Suspicion alone, however, is rarely enough for focused action.
Dutch Detective Agency investigates relevant activities, corporate connections and contacts. Using OSINT, source research and, where appropriate, professional surveillance, we document verifiable facts.
You receive a clear report that can be used with your lawyer or legal adviser to assess your position and possible next steps.
Licensed private investigation agency · POB 1758 · Investigations throughout the Netherlands
What we investigate in a non-compete matter
A departing employee may possess valuable knowledge concerning clients, pricing, business processes and commercial strategy. When clients move away, colleagues are approached or a competing company appears shortly after departure, an investigation may be relevant — for example, where a former employee may be:
- working for a direct competitor or operating a competing business;
- approaching existing clients, suppliers or former colleagues;
- working on assignments for former clients;
- publicly promoting competing activities;
- using confidential business information or commercial knowledge;
- conducting activities different from those previously disclosed.
Clauses and investigation methods
These indicators do not prove a breach, but they may justify a focused factual investigation. A non-compete clause restricts competing work, a non-solicitation clause restricts contact with clients or business relations, and a confidentiality clause restricts sharing confidential information. The exact meaning and validity depend on the agreement and circumstances; we do not provide a legal opinion on this, but investigate what is factually taking place. The clause should therefore preferably be assessed in advance by an employment lawyer.
Depending on the question, the investigation may examine:
- the person’s current employer or business activities;
- involvement in a new or existing company, directorships and trade names;
- public statements, websites and business profiles;
- presence at a competitor, client or business relationship, via surveillance where appropriate;
- contact with former clients, suppliers or colleagues;
- material lawfully available to you, such as emails or documents.
How the investigation works
1. You explain the indicators
You explain the suspected conduct, the people involved and the non-compete, non-solicitation or confidentiality clause that may apply. Do not submit an employment agreement, personnel file or other confidential documents through the standard contact form.
2. Define the investigation question and receive a proposal
We establish with you or your legal adviser which specific activities need to be investigated. The proposal explains the recommended methods, expected deployment, timeframe and costs.
3. Investigate the facts
We conduct the agreed source research, digital investigation and, where appropriate, surveillance. Relevant findings are documented chronologically.
4. Receive the report
You receive a factual investigation report containing source references, observations, times and, where possible, supporting visual material.
Reporting and acting promptly
You receive a factual report containing the investigation question, a chronological overview, sources used, observations and, where lawfully obtained, visual material, with a clear distinction between facts and unverifiable information.
Online information and business activities can change quickly, and clients or employees may move within a short period. Contact us promptly once specific indicators arise, so relevant information can be preserved in time and unnecessarily broad research is avoided.
Factual investigation and legal advice work together
Dutch Detective Agency investigates the factual situation. An employment lawyer assesses whether the clause is valid and still applies, which conduct falls within its scope, and which next step — such as a formal notice, urgent proceedings or a claim for damages — is appropriate.
Suspicion does not provide unlimited authority to follow someone or investigate their private life. For every assignment, we assess the client’s legitimate interest, the specificity of the indicators and whether the proposed method is necessary and proportionate. Dutch Detective Agency does not access private accounts, telephones or personal email.
Do you suspect a former employee is approaching your clients or taking assignments?
Send us a brief description of the indicators, the person involved and the conduct you want investigated. Do not submit the employment agreement or confidential personnel information through the standard contact form.
We will assess which facts can be investigated and which approach is most likely to provide clarity, and give you advance information about feasibility, deployment, timeframe and costs. Available by telephone and digital channels 24 hours a day, seven days a week. Confidential documents can be supplied through an appropriate secure method after the initial assessment.
Frequently asked questions about non-compete investigations
- What is the difference between a non-compete and a non-solicitation clause?
- A non-compete clause generally restricts certain competing work after employment ends. A non-solicitation clause usually concerns approaching or providing services to clients and other business relationships. The exact meaning depends on the wording of the agreement.
- Can you determine whether my non-compete clause is valid?
- No. Its legal validity and enforceability must be assessed by an employment lawyer or other legal specialist. Dutch Detective Agency investigates and reports the relevant facts.
- Can a former employee be placed under surveillance?
- Surveillance can only be considered where there is a specific investigative interest and the approach is proportionate to the aim. We assess this before accepting the assignment.
- Can the report be used in legal proceedings?
- The report can be provided to a lawyer and submitted in proceedings. The court ultimately determines the meaning and evidential weight of the findings.
- How long does the investigation take, and what does it cost?
- This depends on the investigation question, the required source research and any surveillance hours. A proposal with the expected timeframe and cost is provided after the initial assessment.