Publications

We’re excited to share the July edition of our Andersen European Employment Insights newsletter. This issue, prepared by our Andersen experts, features the latest updates on employment laws, regulations, court rulings, and collective agreements across 19 European countries.

In this month’s European Partner Spotlight, we turn to Malta with key insights into non-compete and client restriction clauses. Dr. Charlene Mifsud, Partner at Andersen in Malta, explores how Maltese courts assess the validity of restrictive covenants in employment contracts. While Malta does not have specific legislation on non-competes, such clauses fall under general contract law and are evaluated using the principle of restraint of trade—balancing the protection of business interests with an individual’s right to work.

Key highlights include:

• Enforceability factors under Maltese Civil Code
• The importance of proportionality in scope, duration, and geography
• No statutory requirement for compensation, though it may support enforceability
• Differences between client restrictions and broader non-competes
• A trend toward greater judicial scrutiny, with recent rulings reinforcing the need for tailored, well-justified clauses

Read the full edition here.