Confidentiality agreement terms
Thread poster: Rachel Fell

Rachel Fell  Identity Verified
United Kingdom
Local time: 09:09
French to English
+ ...
Apr 17, 2006

Hello, just wonder if people have come across this kind of stipulation in Confidentility agreements to be signed for agencies - it just seems a bit excessive to me:
"...that any document received for translation...is returned to [the agency]...no copy kept, in any form, after the completion of the project. All computer records are to be wiped clean, except when expressly requested to be retained by [the agency]...ensure that any notes, summaries or research materials used are destroyed on completion of the project."
The rest seems OK, it's not very long, so this takes up quite a large part of the single page.


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Aleksandra Kwasnik  Identity Verified
Germany
Local time: 10:09
Polish to German
+ ...
Sounds familiar... Apr 17, 2006

Look also here: http://www.proz.com/post/310980

A.


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Rachel Fell  Identity Verified
United Kingdom
Local time: 09:09
French to English
+ ...
TOPIC STARTER
Thank you Apr 17, 2006

Aleksandra Kwasnik wrote:

Look also here: http://www.proz.com/post/310980

A.


Thank you Aleksandra - I thought there must be something in the forums about it. Some interesting points made.


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Tim Drayton  Identity Verified
Cyprus
Local time: 11:09
Turkish to English
+ ...
I refuse to accept such conditions Apr 18, 2006

I have several times refused to sign confidentiality agreements containing a clause of this nature.
I believe that we need to retain a personal copy of the work for two reasons:
1. In case you need to take legal action to recover unpaid fees. I think there is not much chance of such action succeeding if you are not in possession of a copy of the work for which you are claiming payment.
2. In case later down the line there are complaints about quality or professional liability issues. It is quite possible that an alleged error was later introduced by a proof reader or in the course of typesetting, and the only way of establishing this is to have a copy of the work as you submitted it for reference purposes.
Of course, my refusal to sign agreements containing this clause has led to me losing work. Others may not consider this to be a price worth paying.


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Alexander Chisholm  Identity Verified
Local time: 10:09
Italian to English
+ ...
I have read the comments made on the previous forum posting... Apr 18, 2006

.. and they still seem to miss one important point that probably applies to the majority of full-time translators.

The data present in CAT tool TMs.

Obviously, most of us, faced with a specific request from a customer to delete copes of files etc. following a job might be willing to delete source, target and any referece files. But I'm sure most of us would be reluctant to delete the contents of a TM or glossary.


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Rachel Fell  Identity Verified
United Kingdom
Local time: 09:09
French to English
+ ...
TOPIC STARTER
Good point - it seems a bit daft (though I don't use CAT tools personally). Apr 18, 2006

Alexander Chisholm wrote:

.. and they still seem to miss one important point that probably applies to the majority of full-time translators.

The data present in CAT tool TMs.

Obviously, most of us, faced with a specific request from a customer to delete copes of files etc. following a job might be willing to delete source, target and any referece files. But I'm sure most of us would be reluctant to delete the contents of a TM or glossary.


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Rachel Fell  Identity Verified
United Kingdom
Local time: 09:09
French to English
+ ...
TOPIC STARTER
Hm... Apr 18, 2006

[quote]Tim Drayton wrote:

I have several times refused to sign confidentiality agreements containing a clause of this nature...

Well, in view of the fact that not only did it seem not uncommon, esp. if government/state bodies, etc., were involved as clients, but that I wasn't being threatened with people entering my premises to come and manhandle my computer, as in the referenced page (!), I felt that maybe it wasn't such a big deal after all, so signed...


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Clare Barnes  Identity Verified
Sweden
Local time: 10:09
Swedish to English
+ ...
me too... Apr 18, 2006

I signed this one on Thursday... clause four of this contract makes it fairly clear that the only occasion on which the confidentiality clause would be brought into play is in cases where the Official Secrets Act might apply...

As you say "no big deal", this time at least (I would definitely hesitate about signing one that gave people the right to come and grab my computer).


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xxxAdrian MM.
Local time: 10:09
French to English
+ ...
Payment for entering into the agreement Apr 24, 2006

Back to basics - what are you/ what is the translator/ interpreter receiving in return for signing the agreement?

A contract in the UK/US/Can. needs to be supported by valuable - can be a token or 'peppercorn' payment - or other good consideration.

A vague promise of future work is NOT good consideration. Nor is dressing up the recitals and contriving payment with obscure works like: 'in consideration of the mutual covenants and other promises contained herein'.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of ONE ... In this greement, "Confidential Information" means all information ...
www.patex.ca/pdf/NDA.pdf


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Uldis Liepkalns  Identity Verified
Latvia
Local time: 11:09
Member (2003)
English to Latvian
+ ...
It is normally impossible Apr 26, 2006

to completely delete files if you are using Win. To do that you have to have a special software, which is not free. AFAIK, normal Windows "Delete" function doesn't delete the file, but only it's name from FAT (File Allocation Table or "Index"), so Windows doesn't see the "deleted file" any more. However, say, Linux does. Also, AFAIK, Windows starts to overwrite "deleted" files only when you are running low on disk space.

And, OH, yes, there always is safe option "format C", of course

Uldis

Rachel Fell wrote:
...no copy kept, in any form, after the completion of the project. All computer records are to be wiped clean


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