(1) An agreement restricting the business activities of a commercial agent following termination of the agency contract (non-compete arrangement) requires the written form, and a document signed by the trader and containing the agreed provisions is to be handed over to the commercial agent. The agreement may be concluded for not more than two years starting from termination of the agency contract; such agreement may cover only the district or group of customers assigned to the commercial agent and only the items in respect of which the commercial agent was required to employ their efforts in order to procure business or conclude transactions for the trader. The trader is obliged to pay the commercial agent a reasonable compensation for the period of the non-compete arrangement.
(2) The trader may waive the non-compete arrangement in writing, up until the end of the agency contract, to the effect that, after the expiry of a six-month period following such declaration, they will be free of the obligation to pay compensation.
(3) Where one party terminates the agency contract for grave cause owing to culpable conduct on the part of the other party, they will be entitled to declare themselves not bound by the non-compete arrangement by means of a written declaration within one month of such termination.
(4) Divergent agreements to the detriment of the commercial agent cannot be made.