So I guess we’ll part ways then

[Words4theWorld]

One of my clients is an agency I hardly work for anymore, mainly because they are not willing to pay decent prices. This however will be the end to our working-relationship:

Recently they sent out a mail stating that they had amended their agreement between agency and freelancer and could I please log in to their online portal to accept said changes to continue receiving work from them (haha).
The abstract of the changes provided made me highly suspicious and so I logged into the portal and opened the complete agreement ... and there it was:
- They reserve the right to (remote) scan my computer for installed and correctly configured anti-virus software.
- They reserve the right to carry out checks of my IT-system (on-site) up to twice a year.

Hell, no! It seems that someone read a little too much George Orwell and I’ll be damned if I’m ever going to sign this agreement. Nevermind the fact that my system contains confidential data from several other clients that I signed NDAs for. Nevermind the fact that neither the work I used to do for them nor the rates they offer justify any such procedures. And nevermind the fact that I’ll bet that the company itself would raise hell if I would allow any other client such access to my system (and their own oh-so-valuable data)
So I compiled an invoice detailing the work I haven’t been paid for so far and with that I assume our working-relationship to have come to an end. However, in a sick kind of way I’m hoping for some reaction so I can ask them whether they are off their rocker (in a more business-formal way).

[BlaqueKatt]

Nevermind the fact that my system contains confidential data from several other clients that I signed NDAs for.

possibly notify the other clients that agency x is trying to gain access to their files via this new document? Because if any other freelancers work with both, it WILL happen, and the other companies who have data breached might cut out working with freelancers all together, which would affect your job.

[dalesys]

Pass the news on to The Register? (Home of the BOFH)

[BPFH]

Pass the news on to The Register? (Home of the BOFH)

I'm sure that Simon would be able to come up with something suitably nasty to happen to whomever came up with that policy...

[Words4theWorld]

possibly notify the other clients that agency x is trying to gain access to their files via this new document?

I never thought of this aspect, but you are absolutely right. I'll check some forums for freelancers like me and see what they'll have to say about this very valuable point and if anybody already made a simliar step.
I know of a group for freelancers in LinkedIn where the moderator has started to kick out all group-members that are on the agency's payroll (employees, not freelancers).

I have to admit I've never heard of "The Register", but I will definitely check this site out. :-)

[dalesys]

... never heard of "The Register"...

Read The Bastard Operator From Hell archives for inspiration... and Verity Stob.

[eltf177]

Here's hoping you get what they owe you!

[earl colby pottinger]

Clients from Hell

I suggest going to The Clients from Hell website,

at: http://clientsfromhell.net/

[wolfie]

possibly notify the other clients that agency x is trying to gain access to their files via this new document?

And when notifying your other clients, let them know that you have stopped doing business with agency X BECAUSE they are demanding unfettered access to your computer, which contains confidential data from other clients, and you WILL NOT allow one client to access another client's data.

[Gilhelmi]

I have a feeling this is going to get worse, for the client.

Once word gets out, legal actions may be taken against them (depending on the laws in your jurisdiction). In any event, other freelance workers will cut ties to them if they want to keep working for other companies.

[XCashier]

The abstract of the changes provided made me highly suspicious and so I logged into the portal and opened the complete agreement ... and there it was:
- They reserve the right to (remote) scan my computer for installed and correctly configured anti-virus software.
- They reserve the right to carry out checks of my IT-system (on-site) up to twice a year.

Is this even legal? I'd be very surprised if it was. Can you contact the authorities on them?

[registerrodeo]

So,a company you do free lance for wants unfettered access to your personal computer to 'scan' for virus protection? That is so damn shady sounding I can't even believe they can legally do it. That would get a big 'oh hell no!"

[DGoddessChardonnay]

So,a company you do free lance for wants unfettered access to your personal computer to 'scan' for virus protection? That is so damn shady sounding I can't even believe they can legally do it. That would get a big 'oh hell no!"

Exactly what I was thinking - especially since some of the "remoting-in" stuff can cause mass havoc on your computer (know this the hard way just by having my anti virus tech support looking at mine recently.)

Stand your ground on that one - one big HELL NO and also double check the legalities of those conditions this client wants to impose - I'd be very surprised if they can legally do that.

[rvdammit]

With the usual IANAL caveat it's a change of contract, of itself not shady. The rights of access in the new contract shadyness is dependant on how shady you think the company is. Burying the change on the website rather than being open about in the email is shady.

[Words4theWorld]

Hahaha, it gets even better:
Another freelancer, who's job got cancelled as he refused to accept said agreement, got the following reply: "[...] The clause itself is only there in the interest of information security!"
Well, guess what, information security is not a one-way street!
A poster in one of my job-related forums ventured the guess, that the agency only included the clause as it was imposed on them from a client of their own, but that's definitely no excuse.
Nevertheless, I'm still curious how many freelancers cut ties with this agency after this last "joke". At least I'm still confident that they will pay my last invoice, as there have been no paymnet issues in the past. But we'll see, how it all turns out ...

Is this even legal? I'd be very surprised if it was. Can you contact the authorities on them?

I'm checking on this, but I have to assume that even in their jurisdiction [they are in another country] it's highly dubious. Basically this would mean, that even if one accepted the new agreement, they could still refuse access to their system, as the clause wouldn't stand in a court of law, but on the other side I doubt that any freelancer would want to risk the time and efforts to take them to court over this issue.