Reply to: UX contractor and NDA

[unclemohammed]

As I mentioned earlier, it's not as simple as showing some screenshots or images. Imagine if you have designed a car, showing a photo of a car will make one look rather foolish. You will at least need to show some of the process and drawings. Otherwise anyone can take a screenshot and says I did it.

Hi saad - although I am not a legal eagle, I operate in the programme/project management world and issue/sign NDA's on a frequent basis. I cannot state enough how much the company has screwed up regarding the ideas they wish to protect. The NDA should be signed FIRST before information is divulged. You could have sent over information completely legally, and above board before the NDA is signed.

For the information to be watertight legally there is all sorts of considerations, one way or mutual NDA's in particular and is the information marked 'Confidential'? is the list of confidential items listed in the NDA? If not - say goodbye to any way of having a succesful legal case against the offending party.

A very basic overview of NDA's is shown here from the guvmint website:

https://www.gov.uk/government/public...ure-agreements

If you are particulary worried, get some legal advice from a solicitor who knows NDA's (i suspect they'll laugh at this case), but I think you are overstating the worry a little. Good luck...

[saad]

Why isn't it sufficient to simply show the other stuff in your portfolio?

I would have thought you could add some example to the portfolio with approval of the managers by removing sensitive information.

Actually suggesting you're subject to an NDA would not do you any harm, sort of suggests it's very good indeed. You could even get a glowing reference signed off by the manager, I think that would more than compensate for the lack of details.

As I mentioned earlier, it's not as simple as showing some screenshots or images. Imagine if you have designed a car, showing a photo of a car will make one look rather foolish. You will at least need to show some of the process and drawings. Otherwise anyone can take a screenshot and says I did it.

[BlasterBates]

Why isn't it sufficient to simply show the other stuff in your portfolio?

I would have thought you could add some example to the portfolio with approval of the managers by removing sensitive information.

Actually suggesting you're subject to an NDA would not do you any harm, sort of suggests it's very good indeed. You could even get a glowing reference signed off by the manager, I think that would more than compensate for the lack of details.

When I was contracting I always had to sign one of these.

If you simply recreate but not actually copy, legally this wouldn't be covered by the NDA. The NDA stops you taking information from the company. They can't prevent you from reusing creative ideas.

[saad]

I would explain to the client as you do work for multiple clients at the same time you have already shown some of the work you have done, so unfortunately you can't sign the NDA

Exactly that what I have said... my managers seems to understand so hopefully they will retract the NDA or at least add the portfolio clause.

[fool]

Depends on how much you want those extensions but I wouldn't sign. If they want you to sign, there needs to be something in it for you. Before the fact, that'd have been the contract. After the fact, this is an additional requirement with no benefit to you.

If you don't mind potenitally burning a bridge kindly respond with a number.

[SueEllen]

I would explain to the client as you do work for multiple clients at the same time you have already shown some of the work you have done, so unfortunately you can't sign the NDA

[LondonManc]

5 weeks to go until my extension comes. Gig has potential for at least 6 more months. It is probable that they may ask me to rejoin after the 2 months break.

But still, not being able to show what I have done will never land me to the next gig, or even an interview. As a matter of fact, the same client saw what I did for previous client and hired me straight away.

So they should know the situation then and how you get work - how would you compare what you showed to them to get the job and what they want to protect with the NDA?

Surely a chat with them to explain the situation and how you got hired in the first place is better than putting the barriers up?

[unclemohammed]

Exactly, if they would have put this before starting the gig, I would have objected to this.

I have just over a month left, the worst case scenario they may terminate the contract earlier for not signing the NDA. I know it's hypothetical scenario but can they legally do it, or make agency stop my payments?

I wouldn't worry about it so much. The NDA would likely be invalid in a court of law - as the scenario of divulging information before the signing was totally legal - NDA is useless. They c*cked up royally tbh. It is more what you are comfortable with - sign it if you want an easy life and carry on as normal...or don't and kick up a fuss and potentially annoy HR/manager.

It is a common misconception that they will come 'after' you legally - think about it, unless you are in Crypto, Warhead Design, Car Blueprints etc etc do you think they can that bothered to go through the courts to hunt you down if you put stuff on your CV? My opinion is that you potentially sign - any trouble from your CV after that - just say you did it before you signed the NDA - in fact thinking about it, just change your CV now, send 10-15 applications out then sign the stupid form....they'll find that they are legally watertight as the titanic..!

[saad]

Q1: How did you get the gig at current ClientCo - have you never had to sign NDAs before?
Via agency and no one asked before to sign an NDA in my 4ish year contracting life.

Q2: Would you want to work for current ClientCo again?
I don't mind working for them again. They really want me to stay, but I have some plans which means I will be away for 2 months hence declined the extension.


Q3: How long do you see current gig lasting for, NDA disagreement aside?

5 weeks to go until my extension comes. Gig has potential for at least 6 more months. It is probable that they may ask me to rejoin after the 2 months break.

But still, not being able to show what I have done will never land me to the next gig, or even an interview. As a matter of fact, the same client saw what I did for previous client and hired me straight away.

[LondonManc]

Q1: How did you get the gig at current ClientCo - have you never had to sign NDAs before?

Q2: Would you want to work for current ClientCo again?

Q3: How long do you see current gig lasting for, NDA disagreement aside?

[saad]

If they do push back on your request to use their work for portfolio purposes then perhaps you could suggest a compromise whereby you take a select few screenshots of your work now and get them to approve these specific images for your portfolio usage and you sign the NDA with the proviso that the approved images can be used.

It's actually a lot more than screenshots, I do fully functional prototypes of original product, very complex compare to the websites. And first thing recruiter asks is to show the links.

Isn't there a clause in most contracts about you not owning the IP in a gig? Wouldn't showing the work from another client to the new one start alarm bells ringing with the new client?

Don't reckon this clause is in my contract, but I will review it once again.

The company have made an error: the NDA should have been signed before you did the work, not after. The question they need to answer is that you could have divulged details during the time up to them asking for an NDA. This makes the effectiveness of the NDA invalid. Sign or not sign - it is a load of gibberrish and you will not be penalised for putting your achievements on your CV.

Exactly, if they would have put this before starting the gig, I would have objected to this.

I have just over a month left, the worst case scenario they may terminate the contract earlier for not signing the NDA. I know it's hypothetical scenario but can they legally do it, or make agency stop my payments?

[unclemohammed]

The company have made an error: the NDA should have been signed before you did the work, not after. The question they need to answer is that you could have divulged details during the time up to them asking for an NDA. This makes the effectiveness of the NDA invalid. Sign or not sign - it is a load of gibberrish and you will not be penalised for putting your achievements on your CV.

[BrilloPad]

It's sent by client directly to my work email, so no avoiding it. I have just responded asking them to add clause to allow me to use the work for portfolio purposes. If they don't I will refuse signing it. Just to confirm, if I don't sign it, I am not bound to the restrictions of not displaying my work?

How can the agency prove you have received this?

Just ignore all the emails.

[northernladuk]

Isn't there a clause in most contracts about you not owning the IP in a gig? Wouldn't showing the work from another client to the new one start alarm bells ringing with the new client?

[LondonManc]

For me, it's more about the behind the scenes secrets that they'd want to protect.
Say you have designed a new microsite that's gone live for the summer launch of a product - that's your site, but it's now in the public domain. They'd expect you to not reveal how you did it, not that you actually did do it. As a contractor, your cv is project/achievement driven so they shouldn't be allowed to stop you saying what you achieved. How you achieved it is what they probably want to protect.