Being self employed and signing an NDA

[Sheppard Digital]

I'm a self employed software developer mostly working with agencies. Recently, my workload has increased and I've started to outsource work to other people to do work on my behalf (my clients are aware). Today, one of my clients has asked me to sign an NDA, but because I'm self employed I'm being told that they also need to have individual NDA's for everyone that will be working on the project with me. However, if I'm Limited, then apparently there needs to only be an NDA with my company and not everyone working on its behalf.

Is that correct.

EDIT: Others working on my behalf have signed NDA's for me.

 

[KAC]

Is that correct.

.

I would have thought that if that is what the client wants, it is what you need to do

 

[Sheppard Digital]

I would have thought that if that is what the client wants, it is what you need to do

I don't have a problem doing it, I'm just querying whether a self employed individual can sign a single NDA that covers anyone else that they choose to work on the project as long as they too have signed NDA's with the self employed individual.

After a little research, I think it looks like it can be done providing the NDA has provisions in place that give agreement for Agents of the recipient to be given access to confidential information providing that they have an agreement with the recipient (me) as well.

 

[The Byre]

Is that correct.?/QUOTE]
Not really.

If you sign on behalf of your company, then you carry the can 100%. Your subcontractors must still sign an NDA to protect and indemnify your company.

 

[obscure]

No, you can't sign an agreement that binds someone else without their explicit agreement.... either as a self employed individual or as a Ltd Company.

A well drafted NDA should state that information must only be passed to employees or agents who have signed a similar NDA. So If you sign an external contractor then your agreement with them should contain an NDA anyway and they would be covered for any future ones you signed. If your contracts don't include an NDA then yes they would need to sign individually.

 

[paulears]

It think what they want is protection, so if you have people working for you, then you need the protection too - they don't care. If somebody spills the beans, they sue you. If you don't have NDAs with your contractors then it stops with you?

 

[mattk]

I'm very surprised they are happy for a limited company to sign an NDA once and that covers all employees. That doesn't seem very inclusive.

 

[Chris Ashdown]

They need to be able to go after the individual they hold responsible which may not be you therefor they want all involved to sigh their NDA