Post on 08-Jan-2017
transcript
Confidentiality at
Freelancer vs. Upwork vs. Guru
EveryNDA
The 3 most popular freelancer platforms are:
FreelancerUpworkGuru
Let's compare their confidentiality clauses
Freelancer.com
Freelancer.com's User Agreement (1) covers basic conduct such as not to use content that infringes
upon an existing copyright, patent, intellectual property right, proprietary right or right of privacy.
(1) Link to https://www.freelancer.com/about/terms
In addition, there's also a Freelancer Code of Conduct (2) which includes expectations
from the contractors, such as the requirement to keep confidentiality of the projects.
(2) Link to https://www.freelancer.com/info/codeofconduct.php
Every employer and contractor that uses Upwork to create or fulfil a contract is required to agree to
its User Agreement (3).
Clause 15 of the User Agreement (3) specifically refers to confidentiality.
(3) Link to https://www.upwork.com/legal/
Clause 15.1 requires mutual confidentiality from both the freelancer and employer, depending on
whoever is receiving confidential information.
These clauses are generic and might be adequate for information where confidentiality
is not of particular importance.
But it does not provide the full coverage of a standard non-disclosure agreement.
For example, there's no provision for the expected duration of confidentiality (4).
(4) Link to https://everynda.com/blog/duration-clauses-non-disclosure-agreements
Guru also has its own Terms of Service (5) which includes a clause that requires users
of the platform not to infringe any copyrights.
(5) Link to http://www.guru.com/terms-of-service/
Guru doesn't provide any clauses that expressly require the contractor
to keep confidentiality.
When compared to Freelancer.com and Upwork,
Guru provides the least protection for any confidential information
that might be part of your project.
A custom NDA agreement (6) can extend the confidentiality
obligations of your project.
(6) http://everynda.com/