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remote work location clause for a outside IR35 contract role

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    remote work location clause for a outside IR35 contract role

    I got a contract role( outside IR35 ) and remote work to start with. It is to work for a public sector client. For family reasons, I might have to work from abroad for a couple of months after starting the role. The contract does not mention about any location clauses. Please could you shed some light whether its legal to work from outside UK as long as I abide to data privacy clauses.

    #2
    Originally posted by truhislo View Post
    I got a contract role( outside IR35 ) and remote work to start with. It is to work for a government client. For family reasons, I might have to work from abroad for a couple of months after starting the role. The contract does not mention about any location clauses. Please could you shed some light whether its legal to work from outside UK as long as I abide to data privacy clauses.
    No point asking us I’m afraid, our opinion counts for nothing. You will have to ask the agency about this.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

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      #3
      Originally posted by cojak View Post
      No point asking us I’m afraid, our opinion counts for nothing. You will have to ask the agency about this.
      The issue isn't data privacy, it's data location and if you are abroad and access the data, it is no long stored exclusively in the UK.

      But it will be up to your agency and your client - I know that most public sector departments are insisting on UK only work as data location is already a nightmare.

      And don't even think about using a VPN to bypass the question,
      Last edited by eek; 2 November 2020, 07:23.
      merely at clientco for the entertainment

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        #4
        Originally posted by eek View Post
        And don't even think about using a VPN to bypass the question,
        When I've worked on this kind of data, VPN has been perfectly acceptable, but I had to undertake not to store any data locally - it was all on network drives.
        Down with racism. Long live miscegenation!

        Comment


          #5
          Originally posted by eek View Post
          The issue isn't data privacy, it's data location and if you are abroad and access the data, it is no long stored exclusively in the UK.

          But it will be up to your agency and your client - I know that most public sector departments are insisting on UK only work as data location is already a nightmare.

          And don't even think about using a VPN to bypass the question,
          Lloyd’s bank insisted you never took your laptop outside the UK !!!

          A good VPN setup will bypass, but not the ones you install on your PC


          Sent from my iPhone using Contractor UK Forum

          Comment


            #6
            Originally posted by NotAllThere View Post
            When I've worked on this kind of data, VPN has been perfectly acceptable, but I had to undertake not to store any data locally - it was all on network drives.
            This is a Public Sector client in a market with plenty of supply. It's also one of those things where the risk is criminal not just civil so I wouldn't be working on my usual approach of ask for forgiveness later (but they'll never know) chances are you will be fine but if not the issue is probably a criminal issue rather than a civil one.
            Last edited by eek; 2 November 2020, 08:21.
            merely at clientco for the entertainment

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              #7
              Do not discuss with the agency.
              Start the contract, get you feet under the table, do the mandatory training, and then ask the client.
              See You Next Tuesday

              Comment


                #8
                Originally posted by Lance View Post
                Do not discuss with the agency.
                Start the contract, get you feet under the table, do the mandatory training, and then ask the client.
                And if you ask before December 31st and the country you are working from is in the EU you may have a better argument than if the country is non-EU.
                "You’re just a bad memory who doesn’t know when to go away" JR

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                  #9
                  My public sector client does not allow any of its kit to leave the country unless its for business or a very good reason. Its by exception not the norm so you need to check with them.

                  You need to tell your client as soon as possible in case they won't allow it.

                  In this day and age asking whether it's legal to work outside the country is a bit of a ridiculous question though.
                  Last edited by northernladuk; 2 November 2020, 09:25.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    My public sector client does not allow any of its kit to leave the country unless its for business or a very good reason. Its by exception not the norm so you need to check with them.

                    You need to tell your client as soon as possible in case they won't allow it.

                    In this day and age asking whether it's legal to work outside the country is a bit of a ridiculous question though.
                    My PS client is similar. They don't refuse access though, but do have guidance on risk mitigation dependant on location.
                    Forget it if going Iran, Iraq, Afghanistan or North Korea.

                    If the client is reasonable, and the OP asks the question correctly, this should not be an issue.
                    See You Next Tuesday

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