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Audit clause in freelance contracts - a breach of the other clients' NDAs
Thread poster: Reea-Silvia Podeanu
Mirko Mainardi
Mirko Mainardi  Identity Verified
Italy
Local time: 18:30
Member
English to Italian
Except they probably will... Jul 31, 2018

Daryo wrote:

And here we come to my previous post - these companies want to have people working for them who are not their employees (so they don't have to provide anything - no offices, no computers, no holidays, no sick pay, nothing) but they still want to make it look like as it makes no difference, so they can boast about being "ISO [or whatever] certified". Well, even little kids know you can't have your cake and eat it.


But unfortunately those companies will almost certainly find someone somewhere ready to accept such clauses (either because they don't just read what they're signing or because they believe they will always remain on paper), as is the case with any other unconscionable clause, from rates to payment terms, to liability, etc.
 
Reea-Silvia Podeanu
Reea-Silvia Podeanu  Identity Verified
Romania
Local time: 19:30
English to Romanian
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TOPIC STARTER
I was not talking strictly about the contract clauses... Jul 31, 2018

Daryo wrote:

what might look like some evil conspiracy is nothing more than plain stupidity and / or incompetence.


You have no idea how much i wish it would be just that. But it is a bigger phenomenon that i studied for many years along with my friends. I was referring to a world wide situation. A world wide manifested intent.

I have lived in communism half of my life... well, almost half now that I am older... and as i said previously I can recognize oppression in its many forms. I pray to God that none of what is obviously going on on certain levels of the reality and society will be never concluded as per their intentions.

If we resist and if we stay aware and informed, they will never succeed.

Regarding the clauses, rejecting such contracts and demanding contracts without the audit clause I think remains the only eligible course of action.

[Edited at 2018-07-31 08:25 GMT]
 
Alison High
Alison High  Identity Verified
Switzerland
Local time: 18:30
French to English
+ ...
Agree to not liking this, and not agreeing at all Jun 11, 2019

I don't know how many contracts with this clause in it I have refused. Every time the agency seems oblivious to the actual problem here.

If I sign your NDA I'm violating every past and future NDA I'll ever sign.

If you're OK with me letting you see my computer are you OK with me letting the other 150 or so agencies I have worked with at some stage seeing your stuff on my computer too? If that's the case, why bother with an NDA?


People who sign docum... See more
I don't know how many contracts with this clause in it I have refused. Every time the agency seems oblivious to the actual problem here.

If I sign your NDA I'm violating every past and future NDA I'll ever sign.

If you're OK with me letting you see my computer are you OK with me letting the other 150 or so agencies I have worked with at some stage seeing your stuff on my computer too? If that's the case, why bother with an NDA?


People who sign documents with this clause in it are either oblivious, don't care about client confidentiality, were forced to sign or not be paid for a job already completed or worse. ▲ Collapse


Maria da Glória Teixeira
Helen Johnson
Reea-Silvia Podeanu
Adieu
Renata Azevedo
 
Reea-Silvia Podeanu
Reea-Silvia Podeanu  Identity Verified
Romania
Local time: 19:30
English to Romanian
+ ...
TOPIC STARTER
New tricks Aug 12, 2022

I have noticed a new trend regarding this audit clause. They have changed the word audit (I would search for it first thing before signing a new contract) with the word verification (lucky me I read completely the new contracts).

And I have realized something...

The audit clause or verification clause in the data processing or HIPAA contracts does not apply to translators for the simple fact that we do not process personal data... See more
I have noticed a new trend regarding this audit clause. They have changed the word audit (I would search for it first thing before signing a new contract) with the word verification (lucky me I read completely the new contracts).

And I have realized something...

The audit clause or verification clause in the data processing or HIPAA contracts does not apply to translators for the simple fact that we do not process personal data.

This kind of contracts or clauses do not apply to translators because we are not data processors or data controllers and we never work with personal data.

I mean maybe a translator in God knows how many thousands may work with such data (and I am not even sure if this is really the case) but most of us do not process such data so such contracts or clauses are completely unecessary in our case.

I keep on rejecting such contracts because it appears that the legal teams of such clients are not aware of the fact that translators never process personal data in any way.

If you receive such contracts make them aware of these simple facts:

We do not process personal data.

We never come in contact in any way with personal data and as such these contracts and clauses are useless and completely unecessary for translators and signing such contracts and accepting such clauses would give them powers over us that are simply illegal.

PS: I have just had a conversation with a potential client about this and I have also realized that their legal teams who place such clauses in the contrancts or who require or impose signing of the data processing contracts or HIPAA contracts have NO idea of what a translator does or what our work implies. They just put those clauses or contracts just in case ILLEGALY... not because they are really required. This shows a lack of professionalism and/or legal experience or simple awareness regarding our activity.

[Edited at 2022-08-12 09:23 GMT] ▲ Collapse
 
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Audit clause in freelance contracts - a breach of the other clients' NDAs







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