Non-enforceability is not sufficient in this case, it needs to be prohibited under threat of harsh fines to add them to contracts in the first place. Businesse

Non-enforceability is not sufficient in this case, it needs to be prohibited under threat of harsh fines to add them to contracts in the first place. Businesses know that the clauses are unenforceable, but since they are free to add them and they have some real impact - people not aware of their unenforceability may change their behaviour because of the existence of the clauses, and the threat of a lawsuit for any party involved is going to be a chilling factor in any case. Time to make the cost of adding the clauses not free, to address the root cause.