If a client company has our company sign an NDA, can we have an independent contractor work on that account (which has proprietary information), after signing an NDA through our company? Or do we need to have the independent contractor get permission from the client company and sign an NDA from them?
2 Answers from Attorneys
Generally, it would depend on the language of the NDA your company signed with its client, so I would recommend that you have an attorney review the NDA. Or for the future, have an attorney create a standard NDA for you that covers this situation.
With regards to your current situation, to remove any doubt and to be safe, I would recommend that you notify the client that you want to potentially use a contractor and to have this contractor execute and NDA with the client.
It really depends upon what the NDA you signed says. Most NDAs will have language that makes you responsible for people who work for you, so look to see if yours says something like that. If it does, then you should have an NDA with your contractor that covers the work the contractor is doing for your client. Some companies require that each worker sign an NDA, in which case each contractor would need to sign separately. If that is the case with your client, they would have told you.
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