Confidentiality at UpWork vs. Freelancer vs. Guru

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Confidentiality at Freelancer vs. Upwork vs. Guru EveryNDA

Transcript of Confidentiality at UpWork vs. Freelancer vs. Guru

Page 1: Confidentiality at UpWork vs. Freelancer vs. Guru

Confidentiality at

Freelancer vs. Upwork vs. Guru

EveryNDA

Page 2: Confidentiality at UpWork vs. Freelancer vs. Guru

The 3 most popular freelancer platforms are:

FreelancerUpworkGuru

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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

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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

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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/

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Clause 15.1 requires mutual confidentiality from both the freelancer and employer, depending on

whoever is receiving confidential information.

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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.

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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

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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/

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Guru doesn't provide any clauses that expressly require the contractor

to keep confidentiality.

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When compared to Freelancer.com and Upwork,

Guru provides the least protection for any confidential information

that might be part of your project.

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A custom NDA agreement (6) can extend the confidentiality

obligations of your project.

(6) http://everynda.com/