Confidential relationship agreements are pivotal in the field of law as they provide the legal framework under which attorneys handle and process confidential information, including sensitive medical information. To ensure compliance with confidentiality rules, most attorneys require their employees to sign confidentiality agreements for employees. However, confidentiality agreements are not just vital to the legal world; they are also extremely important in the architectural field. Architects can protect and promote the confidentiality of their clients, in much the same way that lawyers protect their own clients.

Just as with an employee confidentiality agreement in a law firm, an architect-client confidentiality agreement absolutely must define the type of information being protected. For an architect, confidential information includes all non-public client information, such as plans, drawings, and any information or material selected for completion of the project. In this case, an architect’s confidential information applies not just to himself and those who work for him but also to clients themselves – clients must also respect the confidentiality of the project. In fact, one of the most important non-architect confidentiality obligations is the obligation by the client not to discuss the project with any third-party that has not signed a confidentiality agreement. In other words, just because the information leaves the confines of the architect (which is normally expected) does not mean that his confidentiality obligations cease. In some cases, if a client chooses to disclose the information to a third-party, the disclosure may be considered ‘disclosure required by law.’ For this reason, a lawyer or architect seeking to implement a confidentiality agreement must work to define ‘non-public information.’ This definition clarifies exactly what confidential information requires protection.

In the healthcare industry, there are many entities that collect, transmit, and process personal medical information. In the architectural industry, the data required for a project resides within the firm itself, and contractors, craftsmen, and other workers are not necessarily privy to all of that information. However, that does not mean that implementing a data protection plan is not necessary now. In today’s world, more events and occurrences than ever before constitute ‘electronic transmission.’ For example, five years ago, email was just beginning to gain prominence and web-based data storage was a nascent concept. Currently, just about all confidential information is stored in and disseminated through digital formats such as email, cloud storage, video conferencing, and smart technology. Because of this dramatic change, it is extremely important for architects to start implementing confidentiality agreements, both between the firm itself and third-party contractors.

Another reason for architects to implement confidentiality agreements is because the work they do is extremely sensitive and often provides insight into whom the best clients are. It is also sensitive because an open design plan might give competitors reason to believe that your client is open to assessments or appraisals of other firms -which could then encourage clients to take their business to another company. In the event that a client leaves a firm, if he worked with multiple firms and those firms have access to non-public information, clients could easily drive contracts to those firms, and therefore damaging the firm from which the client left. The most important reason architects need confidentiality contracts is because, like lawyers, we deal with highly sensitive information that must be protected within the confines of the contract.

In the architectural industry, confidentiality agreements often focus on two aspects: client design information and technical documents – such as contracts and agreements between the client and the firm. Just as lawyers do, architects implement many privacy and data protections policies. Architects often take serious the confidentiality of clients’ information and are careful to store files securely to prevent unauthorized access. These tasks can be accomplished by simply utilizing modern materials, such as cloud storage and video conferencing, so that electronic transmission is more difficult.

The modern materials architects implement in their offices have many advantages. For one, cloud storage allows architects to implement sophisticated data protection plans earlier than they normally would without it. Additionally, architects can hold meetings over the Internet, putting them in touch with their clients whenever needed. That means architects can work with clients to gain insight into problems faster than ever before. As cloud storage becomes more popular and architects work more with internet-based storage, they will also see more sophisticated security features. These features will ultimately prevent hackers and thieves from accessing confidential information.

Protecting a client’s project design is equally as important as protecting their agreements. Architect contracts generally involve tailor-fit designs to meet the exact needs and desires of the client. If those details are stolen, they no longer have any value or importance. It’s extremely difficult to focus on just the most important features of a design for a project, because every component of a design is equally important as the next. That’s why architects take so many precautions to ensure that their plans are not stolen. For the leader of an architectural project, he might have two options: he could require that anyone involved with a project protect the confidentiality of the project, or he could implement a system of sending out project plans to the cloud on a need-to-know basis. While the first option is easier, the second option is usually preferable.

Another important thing to keep in mind when dealing with confidentiality agreements is that they are not only created for the good of the recipient but also for the creator. Architects must admit that accidents can happen, and a client can, by accident, disclose information to third-party contractors because he simply did not know he was not supposed to do so. And while he might quickly realize his mistake, and none of the parties involved will have realized it yet, the contractor may still shame the architect, leaving him with a damaged reputation.

Because of this risk, architects must be cautious and implement strict company policies. They should be able to train their employees to not only understand the importance of confidentiality, but also to protect the information at all costs. This training is vital for contractors. It’s a common misconception that architects do not handle the information in a secure manner. When architects implement easy procedures, contractors may believe that architects are not concerned about their security and privacy. On the other hand, architects must respect the privacy of their clients. This requires strict adherence to confidentiality agreements that apply to both parties involved. Also, if a client elects to end their relationship with the architect, architects will still be bound to their confidentiality agreements, strictly prohibiting them from discussing their clients with third-parties. Failure to adhere to their confidentiality agreements can lead to a breach, and that leads to monetary damages. For that reason, architect clients must be aware of their obligations under the contract, and ensure that their contractors also observe these provisions.

The importance of client privacy cannot be understated for architects, and failure to observe their clients’ privacy could lead to serious legal ramifications. However, privacy covers a lot of ground, from inter-office procedures to the work done on a project, to the agreements between the client and the architect. Regardless of the type of confidentiality agreement at issue, there are countless benefits to implementing proper procedures. For that reason, architects should implement these policies as soon as possible.