Client requested to remove the portfolio cause we have NDA under upwork agreement

[evalutw]

Hi there,

I was requested to remove the portfolio in Upwork portfolio section by a client cause the client mentioned our contract was protected by NDA under upwork agreement that we cannot put the portfolio in public. My portfolio is set in Private status but I still removed the portfolio just to ensure I won't violate the agreement.

Can anyone share with me the related term or where I could find the full NDA information? Just need to make sure it's valid so that I could follow it accordingly.  

Thanks.

[petra_r · Accepted solution]

---

Kuan-Yun L wrote:

I was requested to remove the portfolio in Upwork portfolio section by a client cause the client mentioned our contract was protected by NDA under upwork agreement that we cannot put the portfolio in public. My portfolio is set in Private status but I still removed the portfolio just to ensure I won't violate the agreement.

---

It does not matter whether there is a separate  NDA or not, you can not use anything you were fully paid for by an Upwork client unless that was previously specifically agreed. It is not yours to use or display or do anything else with, ever, or anywhere. Not even on a profile set to private or in proposals etc.

details here

[evalutw]

Very helpful. Thanks for your reply.

[prestonhunter]

re: "My portfolio is set in Private status"

For the record, there is no such thing as a "private" portfolio.

A portfolio exists so that prospective clients can see it. Regardless of any "privacy status" buttons.

Petra provided Upwork's actual license agreement, and this is excellent information:

But as a general principle:

The presence or absence of any NDA is irrelevent. Any legal contract or agreement associated with the contract or freelance platform is irrelevent.

As a professional freelancer, you don't include items in your portfolio unless you have permission from the clients to do so, simply because that's the right thing to do.

[evalutw]

Thanks for the reply.

Actually I wouldn't do so till I was asked by the upwork platform for the separated profile in certain discipline that the section will only be verified till I upload one of my portfolio. To do so, I also struggle to pick any of the previous one that I also could sense the confidentiality. So I supposed that new policy of the separated profile would not published till I confirm (which I should avoid to do so) or take any further action. It turns out I got notified by my client that I should remove the portfolio and keep it in confidential to follow the agreement while I'm not sure that how the policy is against with the newly released version of the separated profile settings.

[evalutw]

Now I get quite clear of how the separated profile settings operate and would definitely follow the protocol and agreement for sure.