Non-competition agreement invalidity based on employee's subjective lack of access to confidential information is rejected.
Legislator summary
AI generatedThe Supreme Court partially allowed the appellant's cassation complaint, overturning the lower court's dismissal of the non-competition agreement's validity. The lower court had declared the agreement void because the employee subjectively believed he lacked access to particularly important information, contrary to the statutory requirement. The court ruled that the validity of such an agreement depends solely on the employer's objective assessment of the employee's knowledge, not the employee's subjective perception.
Legislator headnote
AI generatedart. 1012 § 1 k.p.; The validity of a non-competition agreement concluded after the termination of employment is determined by the employer's objective assessment of the employee's access to particularly important information, not by the employee's subjective belief regarding such access.