In a translation job, what is handed to the other party is not a text but, more often than not, the organisation's most sensitive information: an unsigned contract, unpublished financial statements, a case file. The confidentiality undertaking writes down the conditions of that trust.
Definition of confidential information
What is to count as confidential is defined. Without a definition the obligation cannot be enforced. The scope is written down.
Preferring a broad definition
Every piece of information learned during the business relationship may count as confidential. A broad definition protects the client. The preference is reasoned.
The marking condition
Some contracts protect only information that has been marked confidential. This condition can be risky. The situation is assessed.
Listing the exceptions
Information already in the public domain is excepted. The list is written down. The undertaking becomes enforceable.
Legal obligation
An obligation to disclose under legislation is an exception. In that case the other party is informed. The procedure is written down.
Scope of the obligation
The undertaking is that the information will not be disclosed and will not be used for another purpose. The two elements are written together. The scope is complete.
Ban on use for another purpose
Information that has been learned cannot be used for another client. This ban is stated explicitly. The limit is absolute.
Restricting access
Only those carrying out the job see the information. An access list is kept. The record becomes auditable.
Passing the obligation to subcontractors
The obligation is passed down the whole chain. A subcontractor's undertaking cannot be lighter. The chain does not weaken.
Employee undertakings
There is a written undertaking with everyone in the team. No job is given without an undertaking. The condition is absolute.
Ban on uncontrolled services
Client documents are not uploaded to free-of-charge translation or text services. The ban has no exceptions. The rule is written down.
Restrictions on tools and environments
The environments in which work will be done can be specified. A controlled environment is preferred. The condition is defined.
Term of the obligation
Confidentiality continues after the contract has ended. The term is written down. The scope is preserved.
Obligation of indefinite term
For some information no time limit may be set. Whether it is a trade secret is decisive. The preference is reasoned.
In the event of breach
The consequences of a breach are written down. The duty to notify is defined separately. The process becomes predictable.
Notifying a breach
A possible leak is notified without delay. A concealed breach produces greater loss. The period is written down.
Return and destruction
When the relationship ends the documents are returned or destroyed. The choice is the client's. A record is kept.
Being named as a reference
Whether the client's name may be used as a reference is determined separately. There is no silent use. Permission is sought.
Being mutual
The obligation can be set up for both parties. The service provider's information is protected too. Balance is observed.
What the undertaking really rests on
A written confidentiality article does not provide protection on its own; the real protection arises in the access arrangements, the choice of channel and the discipline of the team. That is why the article and the practice are set up together. The two are inseparable.
Limits of legal information
What is described here is for information purposes and does not replace a legal opinion. The text is passed through the legal department before it is signed. The limit is stated.