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Confidentiality Agreement - What do you think?

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  • Confidentiality Agreement - What do you think?

    Hi

    I have written this agreement to help protect confidentiality where people in the same home are starting businesses and working on projects together and one of them has a tendancy to post comments about others on social media channels.

    Any critical / positive or negative feedback appreciated.

    If this is of any use to others please take it modify it as you wish. I have posted as an image to stop the search engines picking up the content but I can send as a PM if anyone wants a copy.

    Many Thanks Yvonne
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  • #2
    Re: Confidentiality Agreement - What do you think?

    It would help if you gave a more specific reason as to why you have drawn this up I'm sorry to be thick but opening para makes little sense what house where & what type of business and why would you want to censor social media?????

    Comment


    • #3
      Re: Confidentiality Agreement - What do you think?

      Originally posted by ytnr1985 View Post
      Hi

      I have written this agreement to help protect confidentiality where people in the same home are starting businesses and working on projects together and one of them has a tendancy to post comments about others on social media channels.

      Any critical / positive or negative feedback appreciated.

      If this is of any use to others please take it modify it as you wish. I have posted as an image to stop the search engines picking up the content but I can send as a PM if anyone wants a copy.

      Many Thanks Yvonne
      Its unlawful, you can not hold residents in shared housing to a confidentiality agreement relating to another or other residents businesses/companies to which the other residents have no connection or financial interest in. In other words you can not stop them from talking about another residents business/company or related activities, it would be a breach of their rights. Just like you can not stop customers that purchase form the company from talking about the business either!

      You can however, if they have any connection to the business/company have them sign a non disclosure (drawn up by a solicitor), which prohibits them from disclosing sensitive business information (i.e. business plan, sales techniques etc). Though those that live at the address, that have no connection to the business (i.e. not work for the company or have an financial interest in it) can not be asked to sign a non disclosure. If anyone connected to the business/company that discloses sensitive business information to another resident that is not connected to the business, then the person that disclosed it to the person not connected to the business would be in breach of non disclosure. Though no action can be taken against the person (not connected to the business) whom the information was disclosed too, even if they went on to disclose it to third parties.

      However only the business can have non disclosure agreements drawn up as they are between the company (or person if sole trader) and the employee, business partner or person with financial interest in the company. Though you can not force anyone to sign them. In which case you have to consider carefully what information to reveal to them and what not too.

      Libel/slander laws, are already useful for protecting your company/business from derogatory, inflammatory or false statements made to 3rd parties (including on social media).

      To be honest, if this business is ran from home, then its likely only small in size, and unlikely to have any real sensitive business information and no need for no disclosure agreements. If one one tenant is causing a problem then don't talk to them about the business. If this tenant is making untrue or derogatory statements about the business, then threatening them with libel/slander.

      Can you tell us what your actual position is in relation to the residents, business etc?

      Also if the business has a presence on facebook, then your actually encouraging people to discuss the business.

      So basically, the best thing to do is nothing. But if this one tenant says anything libelous on social media or by other means, then take screen shots or witness statements, and threaten them with libel if they do not retract the offending statement.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #4
        Re: Confidentiality Agreement - What do you think?

        Teaboy 2 Quite correct I'm always a little concerned when anyone wants to censor another because of their opinion right or wrong OR offensive. There too much of that already for my liking

        Comment


        • #5
          Re: Confidentiality Agreement - What do you think?

          PS anyone who wants a laugh and isn't easily offended should subscribe to Guido Fawkes Blog Most of the posters comments about our politicians & some celebs are near the bone but still very funny

          Comment


          • #6
            Re: Confidentiality Agreement - What do you think?

            Thanks a lot for your help.
            Out of interest based on what teaboy2 is saying here - how does
            1- The royal household go about this if it is unlawful?
            2- What is the difference between this and rich business men gagging their wifes and girlfriends?

            Comment


            • #7
              Re: Confidentiality Agreement - What do you think?

              Originally posted by ytnr1985 View Post
              Thanks a lot for your help.
              Out of interest based on what teaboy2 is saying here - how does
              1- The royal household go about this if it is unlawful?
              2- What is the difference between this and rich business men gagging their wifes and girlfriends?
              1 - Family, financial interest in royal estate, and employees etc!
              2 - Gagging orders are court orders, wifes also have a financial interest in husbands finances, earnings etc and are private personal matters not necessarily information on a persons company or business. Plus a person has a right to privacy, a business/company does not!
              Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

              By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

              If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

              I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

              The Governess; 6th March 2012 GRRRRRR

              Comment

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