Employees, Trade Secrets and Restrictive Covenants in the Netherlands

Employees, Trade Secrets and Restrictive Covenants in the Netherlands
Anselm Kamperman Sanders

ISBN 978-90-411-8379-8
Kluwer Law International BV, The Netherlands

In 1915 a case arose that would fundamentally alter the scope of the Dutch law on tort (“onrechtmatige daad”) and the protection of trade secrets (“bedrijfsgeheimen”). Lindenbaum and Cohen were two competing printers in Amsterdam. Competition between these undertakings was so ierce that Cohen decided to bribe one of Lindenbaum’s employees into spying for him. As a result Cohen obtained valuable information on the way Lindenbaum was running his business, set prices, and dealt with clients. Lindenbaum’s employee also supplied copies of contracts with customers. This enabled him to offer Lindenbaum’s clients competing offers.