There are many questions to be considered when entering into a consultancy agreement. Your consultant may make use of materials that infringe other people’s IP rights when carrying out work for you. In the event this happens, you would be liable for any infringement so it is important to ask questions to check that the consultant understands IP.
In terms of the agreement with your consultant, contractor or freelancer, we will ensure you have the following legal protections in place:
- Assignment of ownership of all IP from your consultant to your business
- Appropriate warranties and indemnities to manage the risks of IP infringement
- Confidentiality obligations to ensure any business critical information and know-how shared with your consultant remains confidential
- The consultant may supply personal data under the agreement so the terms must comply with data protection legislation
- By engaging a freelancer without clearly defining the relationship you risk being deemed to have engaged them as an employee, which is a burdensome legal relationship for the employer
For help to structure the arrangements carefully to exclude the possibility that a consultant is an employee and to safeguard your IP, contact us.