Customer wants confidentiality agreement signed

mwoolfso said:
Finding drugs in the vehicle would be a similar situation.
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Been there, done that. A nice make-up compact with coke in it under the back floor mat of a BMW 15 years ago. People really don't think we'll find it??? What's the statute of limitations since I failed to report it:) ?
 
CCC4me said:
Been there, done that. A nice make-up compact with coke in it under the back floor mat of a BMW 15 years ago. People really don't think we'll find it??? What's the statute of limitations since I failed to report it:) ?
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Don't talk about it, and if it never happened, it never happened
 
Seems OK to me. Sounds like you will only be able to earn cash from this customer. You will not be able to use this customer to build your business. You will not be able to use their car in any of your marketing material or your portfolio. You wont be able to tell people you detail so and so's car. I would take the job. I would not want to bring my teenage helper with me. He would be face-booking where he is at.
 
This thread keeps getting posts, so I thought I'd chime in again. The problem with the paragraph quoted in the original post is that it can't be evaluated on its own. It uses the term "Confidential Information" and the capitalization of the words in the middle of the sentence means that it is a defined term with a specific meaning, which should be spelled out earlier in the document. Without the definition, we can't know what the customer intends to be confidential. It could be really broad or extremely narrow; there is no way to know what this means based on what is given here. If the OP wants to find the definition somewhere else in the document and quote it, then it might be possible to get some context for this.

Also, the initial part of the sentence reads "If the Recipient is requested to disclose Confidential Information or the substance of this Agreement in connection with a legal or administrative proceeding or otherwise to comply with a requirement under the law..." This limiting clause refers to disclosure only within the confines of a legal proceeding and does not expand that scope beyond that. A typical standalone NDA is not written that way.

So, the answer is that there is no answer at this point.
 
I just signed my first one this week for a new customer and I had no problem doing it. They want to keep their identity confidential and that I don't tell people where they live or give out their personal information. This is a high profile person so I under stand where their coming from.
 
Pureshine said:
I just signed my first one this week for a new customer and I had no problem doing it. They want to keep their identity confidential and that I don't tell people where they live or give out their personal information. This is a high profile person so I under stand where their coming from.
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Really? Who is it? Oh wait...
 
Dr_Pain said:
If you come across an obvious "crime scene", then common sense should prevail and you can always walk away BEFORE becoming an accessory after the fact. Legally, because you have signed the confidentiality agreement you are obligated 'by law' to keep all information confidential, unless you are court ordered to testify. The only time you can legally breach a confidentiality agreement is in a "eminent danger" scenario where, for example, you would come across a manifesto and bomb making equipment with clear description that they will harm others. Other than that, you keep it zipped up!.
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Are you confusing the terms "confidentiality" and "privilege?"

As in the case of medicine (my specialty) there is a recognized patient-physician confidentiality. However, the information is not necessarily privileged, since it can be readily divulged to a court of law if eminent harm to self or others is suspected, even if there has been no expressed utterance from a patient. Laws differ from state to state. Any other medical information I have is both confidential and privileged until ordered by court to be divulged.

You (OP) may sign a confidentiality agreement with your client, but I'm quite sure it would not hold up in any court if you were to identify any evidence of anything felonious. Nor would this confidentiality agreement -- expressed or written -- protect you from aiding in the elimination of evidence that could be used in a criminal case or withholding evidence that showed intent of future criminal activity.

In all likelihood, your client is probably someone famous or someone of local influence who simply may not want pictures of his dirty laundry posted on Facebook or your website. Would be the day that you open his trunk and find a couple bloody fingers in there and blood stained upholstery. Certainly that would make a sensational story.
 
kevincwelch said:
Are you confusing the terms "confidentiality" and "privilege?"

As in the case of medicine (my specialty) there is a recognized patient-physician confidentiality. However, the information is not necessarily privileged, since it can be readily divulged to a court of law if eminent harm to self or others is suspected, even if there has been no expressed utterance from a patient. Laws differ from state to state. Any other medical information I have is both confidential and privileged until ordered by court to be divulged.
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Oh Lord..... I guess we could talk about HIPAA, patient doctor confidentiality, and the fine minutia regarding the legalistic description of confidentiality and privileged.... but let's not!!

There is a CLEAR difference between our relationship with our patient and the oath that we have (which capitalize on our expertise in evaluating their physical, mental and psychological state), compared to the relationship of a detailer to his client. We have an legally binding obligation based on our expertise (as doctors) to report. Detailers have no legally binding obligation. They may have a moral obligation but they won't lose their license and face disciplinary or even criminal liabilities if they don't report.

A detailer coming across a "suspicious substance", which may be speculating as being cocaine, does not have the "expertise" to test and confirm, which would be the only "court approved" reason to breach confidentiality. He does have the right to walk away though (which was my point).

Unless a crime is confirmed without a shadow of a doubt, they (the detailer) are liable under a confidentiality agreement (if they choose to breech it). In my previous example, the detailer choose to breech the confidentiality agreement, and reports the substance to the police, and a whole investigation arises...... and it was powdered sugar, then the detailer is still on the hook under civil law for the contract he signed.
 
Dr_Pain said:
Oh Lord..... I guess we could talk about HIPAA, patient doctor confidentiality, and the fine minutia regarding the legalistic description of confidentiality and privileged.... but let's not!!
.
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Agreed.

Sent via Tapatalk.
 
Hmmmm, the "East side," talk about a target rich environment for guessing who it could.

Maybe someone in the Madina slums (LOL)?

Bill
 
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