Data Management Agreement

[freelancernl]

Hi, a client asked me to sign a GDPR data processing agreement. For my own clients that's not a problem because I have it covered in my own company's terms and conditions. Jobs I take on through Upwork fall under Upwork's terms and conditions, which protects Upwork and not me, the freelancer, from liability. So I informed the client that they should ask Upwork to sign the agreement, but Upwork referred the client back to me.

I know Upwork as a US company isn't too worried about GDPR but how does it handle agreements between two parties that are under EU/UK law?

[prestonhunter]

Upwork provides a service that clients use to find, hire and pay freelancers.

Upwork is not party to contracts that freelances and clients enter into.

Upwork is not going to sign a GDPR data processing agreement.

If you believe that Upwork itself needs to sign a GDPR data processing agreement, then your understanding of what Upwork does may need to be increased, until you come to an understanding.

[freelancernl]

It's not as simple as you are making it out to be. Maybe someone with actual knowledge of GDPR can reply.

[kochubei_valeria · Accepted solution]

Hi Jeff,

I encourage you to check out this announcement for more information on this topic.

[freelancernl]

Thank you Valeria. That's very helpful.