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Q: I need to subcontract some of my work. How do I protect confidential information supplied to my subcontractors so they don’t set up in competition with me?

Aug 19 2008

Answered by: Peter Done Ask a question

A simple confidentiality agreement and non-solicitation undertaking should suffice. The latter prohibits your subcontractor from contacting your client base to solicit business.

There’s something else you should bear in mind. Subcontracting work may give rise to a claim from current employees who work in this area to transfer to the subcontractor under what is known as the Transfer of Undertakings Regulations. If this is a concern, you should seek specialist advice.

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