Non-compete and NDA: what they mean and what's at stake in iGaming

Briefly: in iGaming, almost every contract has a confidentiality clause, and many also ban you from working for competitors after you leave. The first is standard practice; the second deserves a very careful read. We break down what these terms mean, what happens if you breach them, and how to negotiate more reasonable wording before you sign.

You've got the offer, and the contract has arrived for signing. Twenty pages in English, small print. You skim quickly to the salary and the start date and sign the rest without reading, like everyone does.

A couple of years later you decide to leave. The new employer is ready, the offer is better, and then a colleague asks: “Doesn't your contract have a ban on working for competitors?” You open that same file and read, for the first time, the section you skipped.

In iGaming, stories like this happen more often than in regular IT. The industry is small, companies are protective of their databases and partners, and people move between competitors all the time. That's why confidentiality and non-compete terms show up in almost every contract here.

Below I'll break down exactly what you're signing, what's at stake, when such a ban actually holds, and how to negotiate reasonable wording before you sign.

Why there's so much of this in gambling

Imagine a manager who handled the company's biggest players is leaving. He knows them by name and has their contacts in his messengers. If he shows up at a competitor a month later, some of those players may follow him. For the company, that's a direct loss.

The same goes for an affiliate manager who knows every partner and the terms they work on. For a payments manager who knows which providers operate in which market and at what fees. For a developer who has seen the platform's inner workings.

The industry has few companies and many people moving between them. Employers try to protect what they see as their key assets: player databases, partners, processes. Hence the tight legal wrapping in contracts.

There's a flip side, too. Sometimes companies insert the harshest possible terms simply from a template, without asking whether a given role needs them. A two-year ban on working anywhere in the industry does nothing for a support agent, or for the company.

Four different clauses people confuse

A contract usually contains several different terms, and it's important to tell them apart. The first is the non-disclosure agreement. You undertake not to disclose the company's confidential information. This is standard practice, and refusing it makes no sense.

The second is the ban on working for competitors after you leave. This is where you need to read carefully. It limits where you can work and can seriously affect your career.

The third is the non-solicitation clause. You undertake not to take the company's employees, clients, players or partners with you. It's softer than a non-compete, but for people-facing roles it matters too.

The fourth is the assignment of rights to your work. Everything you create as part of your job belongs to the company. Developers, designers and writers should read this especially carefully if they have their own projects.

Sometimes there's a fifth clause: a paid period before you leave. You're still on the payroll and getting your salary, but you don't work and can't start with your new employer. This way the company keeps you away from fresh information without breaking the law on restrictions.

To keep things straight, here are the four main clauses in one table.

Clause	What it prohibits	How common	What to check
Non-disclosure	Disclosing company data	Almost everywhere	What counts as confidential
Non-compete	Working for competitors after leaving	Often	Duration, territory, scope of companies, compensation
Non-solicitation	Poaching people, players, partners	Often	Exactly who you can't poach, and for how long
Rights to work	Using what you created outside the company	Almost everywhere	Whether it covers personal projects

What happens if you breach it

The consequences depend on the contract and the country's laws. Most often the contract sets a penalty: a fixed sum you agree to pay if you breach it. Sometimes it equals several months' salary.

On top of that, the company can go to court to claim damages or to bar you from working for a competitor. In practice, cases rarely reach court: companies usually stop at a letter from their lawyers. But that letter can also land on your new employer's desk.

That's what candidates fear most. A new employer who learns about a dispute may withdraw the offer to avoid getting involved. That's why many companies ask outright at the interview whether you have any restrictions from your previous contract.

With non-disclosure, the consequences can be more serious. If you walked off with a player database or internal documents, that's not only a breach of contract but potentially a breach of data protection law. Don't take that risk under any circumstances.

Does the ban actually hold

The short answer: it depends on the country and the wording. In many European countries, courts treat such bans with caution. For a restriction to be enforceable, it must be reasonable in duration, territory and the scope of companies covered.

In some countries, the law explicitly requires paying the former employee compensation for the restricted period. In Poland, for example, the Labour Code ties a post-employment non-compete to compensation. If the company doesn't pay, that's a reason to discuss the situation with a lawyer.

Contractors are a different story. A contractor agreement is governed by civil law, not employment law, and contractors have fewer protections. Non-compete terms in these contracts are often stricter, so check them especially carefully.

None of this is legal advice. How exactly a ban works in your country and under your contract is something to check with a local lawyer, ideally before you sign rather than in the middle of a dispute.

Where these clauses hide in a contract

In English-language contracts, restrictions are rarely named outright. Look for sections headed confidentiality, restrictive covenants, intellectual property, and post-termination obligations. Sometimes all of this is gathered in a separate schedule sent along with the main text.

Pay attention to the definitions at the start of the contract. That's where it says who the company considers a competitor and what it counts as confidential information. A broad definition can turn a harmless clause into a ban on working almost anywhere.

Check the references to other documents, too. The phrase “in accordance with company policies” means part of the terms live in internal rules that can change without your consent. Ask for those policies before you sign.

If the contract is written in a language you're not fluent in, don't hesitate to ask for time to get it translated. Signing a text you only roughly understand is the worst time-saver of your career.

How to narrow the terms before signing

The best time to negotiate is before you've signed. The company wants to hire you and is ready to make concessions. After signing, you have almost no leverage. Here's what you can ask for:

A short term. Six months or less instead of two years. For most roles, that's enough to protect the company's interests.
A narrow list of competitors. Not “the whole industry”, but a specific list of companies or direct competitors in the same markets.
Territory. The restriction should cover the markets where the company operates, not the whole world.
Compensation. If the ban applies, the company should pay you for that period. It's fair, and in many countries it's required by law.
Tie it to the role. For support, development and many other roles, a non-compete simply isn't needed. Ask for it to be removed entirely.
Exceptions for personal projects. If you have your own website, blog or app, list them in the contract as not belonging to the company.

Asking for this is normal, and good employers are used to such requests. If a company refuses to discuss even the duration, that's a reason to wonder how it will behave when you part ways. General negotiation techniques are covered in our guide on how to negotiate an offer.

Read the contract especially carefully if your work involves people and partners. For example, for VIP manager or affiliate manager a non-solicitation clause may cover exactly the players and partners you work with every day.

What to do when you leave

Before handing in your notice, reread your contract. Find every restriction clause and note down the time limits. If anything is unclear, show the contract to a lawyer before you sign the new employer's offer.

Be honest with your new employer. If you have restrictions, mention them at the interview. Many companies are willing to wait for the period to end or help sort the issue out. A hidden ban that surfaces after you've started hurts everyone.

Don't take anything with you. No databases, no documents, no player contacts from work systems. Even if they feel like “your” contacts, formally they belong to the company. A clean exit is the best protection against any claims.

And if you're being made redundant, discuss the restrictions separately. A company that decided to part ways itself is sometimes willing to waive the non-compete. It's worth asking when you negotiate your exit terms; more on that in our guide on layoffs in iGaming.

The contract you sign today can shape your options years from now. Half an hour of careful reading and one conversation about the contentious clauses are worth it, so you can choose your next job freely later. When the time comes, suitable openings are easy to find in the job catalog.

FAQ

Non-compete: what is it in plain words?

It's a contract term under which, after leaving the company, you can't work for its competitors or start a competing business for a certain period. It usually specifies the duration, the territory and the scope of companies considered competitors.

How is an NDA different from a non-compete?

An NDA prohibits disclosing the company's confidential information: databases, contract terms, internal figures. A non-compete limits where you can work after leaving. The first is almost always reasonable and lasts indefinitely or for a long time; the second heavily restricts your career and needs careful reading.

Can I refuse to sign a non-compete?

You can try to remove or narrow the clause before signing. Many companies agree to limit the duration or the list of competitors, or to add compensation. After signing, changing the terms is much harder.

What happens if I breach a non-compete?

It depends on the contract and the country's law. Possible outcomes include a penalty set in the contract, a claim for damages, or a demand to stop working for the competitor. How realistic this is in your case, check with a lawyer.