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Company digital files on my personal computer?

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    Company digital files on my personal computer?

    Hi,

    I am looking for some answers regarding confidentiality and the handling of my client's digital files.
    I found almost no information with google, so I'm trying here. Hope you can help.

    I currently work as a contractor through my Limited company for a client that has requested me not to store confidential information on my computer.
    My thinking is that I am not their employee, and that I provide my services by working with my own equipment. I also think they would never prevent the consultancies my company uses from using their own equipment.
    What does the law say? Would I be in breach of the law if I was using my own equipment, including storing digital files on my limited company's computer?
    Has someone had experience with this kind of situation?
    It'd be great to get some answers, or some opinions about this.

    #2
    Originally posted by reptkeu View Post
    Hi,

    I am looking for some answers regarding confidentiality and the handling of my client's digital files.
    I found almost no information with google, so I'm trying here. Hope you can help.

    I currently work as a contractor through my Limited company for a client that has requested me not to store confidential information on my computer.
    My thinking is that I am not their employee, and that I provide my services by working with my own equipment. I also think they would never prevent the consultancies my company uses from using their own equipment.
    Has the client supplied you with a computer to carry out the work for them?
    Have you signed/your company signed or gone through the clients rules on what is and what is not confidential information?

    Originally posted by reptkeu View Post
    What does the law say? Would I be in breach of the law if I was using my own equipment, including storing digital files on my limited company's computer?
    You could be breaking the law, but without knowing the details it's hard to say exactly what, but for example:
    1. Theft. You have taken data/information which does not belong to you.
    2. Data protection rules
    3. Intellectual property

    ...and you'll be in breach of contract, most likely.
    …Maybe we ain’t that young anymore

    Comment


      #3
      Why would you want to store another company's confidential files on your equipment?

      If your equipment gets stolen or hacked into, and their files are accessed or stolen then you risk them suing you. Your insurance won't cover it if your contract specifically states you aren't allowed to.
      "You’re just a bad memory who doesn’t know when to go away" JR

      Comment


        #4
        Originally posted by reptkeu View Post
        Hi,

        I am looking for some answers regarding confidentiality and the handling of my client's digital files.
        I found almost no information with google, so I'm trying here. Hope you can help.

        I currently work as a contractor through my Limited company for a client that has requested me not to store confidential information on my computer.
        My thinking is that I am not their employee, and that I provide my services by working with my own equipment. I also think they would never prevent the consultancies my company uses from using their own equipment.
        What does the law say? Would I be in breach of the law if I was using my own equipment, including storing digital files on my limited company's computer?
        Has someone had experience with this kind of situation?
        It'd be great to get some answers, or some opinions about this.
        I really don't get why people put the employer/consultant thing at the heart of all these discussions. It's nowt to do with whether you're an employee or not, it's their confidential information, they can tell you what to do with it as they see fit. I also bet that if you got a copy of the contract with the big consultancies that it'd have hard data protection sections in it if they're taking that line with you.

        Their view is probably that big consultancies have multiple layers of security and dedicated security staff, you, on the other hand, don't. How can they be satisfied that you're not giving your laptop to your teenage son to use at home, where he'll compromise it with the first iffy website he goes to, or that you're not going to do the unethical contractor trick of keeping a copy of everything they can reuse elsewhere, regardless of confidentiality. They can rely on the big consultancies to get it right or pay the consequence, you are an individual contractor.

        And, yes, you would be breaking the law. The data owner has given you strict rules about data, if you choose to deliberately break that then you're in the wrong. The primary faults would be with intellectual property law rather than data protection (obviously depending on what the data are) or contract law.

        p.s. at least one thing, you may be happy to know that you're not suitable for any contract requiring security clearance.

        Comment


          #5
          You should have already reviewed and signed their IT Policy and if you are using your own kit then some form of BYOD policy should exist so review that as well. I am pretty sure you'll find it's all covered in there. Clients tend to take their data pretty seriously.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            You're wrong on all accounts.

            If you don't accept what they say they will simply fire you - it's almost certainly for their own internal compliance and security.

            My team lead once emailed herself an excel doc to her personal address on the train going in for her last day and security was waiting for her in the office and she was fired.

            Tread carefully.

            Comment


              #7
              Originally posted by radish2008 View Post
              You're wrong on all accounts.

              If you don't accept what they say they will simply fire you - it's almost certainly for their own internal compliance and security.

              My team lead once emailed herself an excel doc to her personal address on the train going in for her last day and security was waiting for her in the office and she was fired.

              Tread carefully.
              Was the Excel doc worth more than one day's rate ?
              Down with racism. Long live miscegenation!

              Comment


                #8
                Originally posted by reptkeu View Post
                Hi,

                I am looking for some answers regarding confidentiality and the handling of my client's digital files.
                I found almost no information with google, so I'm trying here. Hope you can help.

                I currently work as a contractor through my Limited company for a client that has requested me not to store confidential information on my computer.
                My thinking is that I am not their employee, and that I provide my services by working with my own equipment. I also think they would never prevent the consultancies my company uses from using their own equipment.
                What does the law say? Would I be in breach of the law if I was using my own equipment, including storing digital files on my limited company's computer?
                Has someone had experience with this kind of situation?
                It'd be great to get some answers, or some opinions about this.
                Your client has said they do not want their confidential information stored on your computer. What bit of 'do not want' don't you understand?

                It has nothing to do with what big consultancies would do or whether you are independent or not. If they say they do not want you to do it then, you do not do it. If you do then at the very least you are breaching their trust. Contractually, it depends what's in the contract but do you really want to play billy big bollocks just to prove to yourself how 'independent' you are?

                Comment


                  #9
                  Can't this be in General???

                  Comment

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