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Non Compete Letter for Malta

Non Compete Letter Template for Malta

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Non Compete Letter

"I need a Non Compete Letter for a senior software developer leaving our Malta-based tech company in March 2025, restricting them from working with direct competitors in Malta and Italy for 12 months, with specific focus on protecting our proprietary software development methodologies."

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Non Compete Letter

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What is a Non Compete Letter?

The Non-Compete Letter is a crucial document used in Malta to protect legitimate business interests by restricting former employees from engaging in competitive activities after their employment ends. It is typically issued during employment onboarding, during significant role changes, or as part of separation agreements. The document must carefully balance the employer's need to protect confidential information, customer relationships, and business interests with the employee's right to work under Maltese and EU law. The letter specifies the duration of restrictions, geographical scope, prohibited activities, and any compensation, ensuring compliance with Malta's Employment and Industrial Relations Act and relevant case law regarding restrictive covenants. This document is particularly important in industries where competitive advantage relies heavily on proprietary knowledge, client relationships, or specialized expertise.

What sections should be included in a Non Compete Letter?

1. Sender Details: Full name, position, and company details of the party issuing the non-compete letter

2. Date: Date of the letter issuance

3. Recipient Details: Full name and address of the employee/recipient

4. Subject Line: Clear identification as a Non-Compete Letter

5. Opening Statement: Reference to employment relationship and context for the non-compete obligations

6. Scope of Restrictions: Clear definition of prohibited competitive activities and business areas

7. Duration: Specific timeframe for which the non-compete obligations will apply

8. Geographic Area: Clear specification of the geographical boundaries where restrictions apply

9. Consideration: Statement of compensation or consideration provided for the non-compete obligation

10. Confidentiality Obligations: Reference to ongoing confidentiality requirements

11. Acknowledgment: Space for recipient to acknowledge and agree to the terms

12. Closing and Signatures: Formal closing, signature blocks for both parties

What sections are optional to include in a Non Compete Letter?

1. Garden Leave Reference: Include when the non-compete relates to a garden leave period

2. Client Non-Solicitation: Additional section when restrictions include client non-solicitation provisions

3. Employee Non-Solicitation: Additional section when restrictions include employee non-solicitation provisions

4. Remedies: Optional section detailing specific remedies for breach

5. Severability: Optional clause regarding the independence of provisions

6. Prior Agreements Reference: Include when superseding or relating to previous non-compete obligations

What schedules should be included in a Non Compete Letter?

1. List of Restricted Competitors: Specific list of companies or entities considered direct competitors

2. Compensation Details: If applicable, detailed breakdown of any compensation specific to the non-compete obligation

3. Territory Map: Visual representation of the geographical restrictions if complex boundaries are involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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Relevant Industries

Technology

Financial Services

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Gaming and iGaming

Healthcare

Pharmaceuticals

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Management Consulting

Software Development

Banking

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Relevant Teams

Human Resources

Legal

Sales

Business Development

Research and Development

Product Development

Executive Leadership

Operations

Information Technology

Marketing

Finance

Client Services

Strategy

Engineering

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Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Developer

Sales Director

Account Manager

Business Development Manager

Product Manager

Research Scientist

Financial Controller

Investment Analyst

Technical Lead

Senior Consultant

Head of Operations

Marketing Director

Department Head

Regional Manager

Client Relations Manager

Strategy Consultant

Senior Engineer

Data Scientist

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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