This is something that I am frequently asked and is a very important consideration. It is for this reason I have teamed up with K&K Legal Consulting. Kirsty and Kate, the owners of K&K Legal Consulting, are business lawyers who have worked with a large number of virtual assistants helping them get their legal documents in order. They have kindly agreed to write the remainder of this blog and also give you 10% off their template legal documents. All you need to do to take advantage of 10% off is head on over to their website and use coupon code JETVIRTUALASSISTANT. But before you do – read on to see what legal considerations are needed.
Contracts
Like you would expect it is very important to have a solid, robust legal contract in place. Not only does this show professionalism it also shows that you value your business. Setting down the ways in which you work will prevent problems in future and shows clear expectations on both sides.
But contracts aren’t just important from a professional point of view. They can help you protect important elements like intellectual property, payment and interest, sub-contracting and much more. But a contract shouldn’t be a generic contract. It needs to be tailored to a virtual assistant business having regard to your jurisdiction (the laws of where you live). Believe it or not, not all virtual assistant contracts are equal. Some are written by those without legal qualifications, unlike K&K Legal Consulting who are qualified lawyers also have over 30 years combined legal experience.
A contract essentially sets out the terms and conditions upon which you will work with your client. If you have a contract there is no need for a separate terms and conditions document. A contract, when drafted correctly, can protect the relationship between yourself and your client.
K&K Legal Consulting has a couple of options when it comes to contracts. They offer both a basic and premium version. A basic version is provided in PDF format (with editable fields for name, address etc) but also comes with a fully editable Word Schedule and PDF guidance. The alternative is to purchase their premium version which gives you:
- A fully editable Word contract;
- PDF guidance on what the contract clauses mean and how to complete the same;
- Integrated Data Processing clauses (there is no need to purchase a separate Data Processing Agreement;
- a 15 minute Zoom call for you to ask any questions on the contract itself or to ask any business legal questions.
You can get their basic version here – Virtual Assistant Basic Client Contract (kkbservices.com) or their premium version here – Virtual Assistant Premium Contract (kkbservices.com) Not forgetting to use your discount code JETVIRTUALASSISTANT
In addition to the above they also have various legal bundles. These will save you money if you are looking to purchase multiple legal documents. But we will talk about that more later on.
Data processing agreement
We all know that data is important and that we have an obligation to protect this. But what does that mean in terms of what you need to put into place? Essentially where a business handles personal data (and most virtual assistant businesses will) you must put certain steps into place to protect this data.
The first step in this is having a Data Processing Agreement between yourself and your client. These are available to purchase from K&K Legal Consulting’s website Data Processing Agreement “DPA” UK and EEA | K&K Legal Consulting (kkbservices.com). Although please note if you have purchased a premium version of their contract no separate Data Processing Agreement is necessary – it is just where you purchase the basic version.
Having a Data Processing Agreement in place doesn’t mean you have taken all steps to comply with protecting personal data. You must ensure that you correctly process the data, in line with that agreement. But fear not, all of K&K Legal Consulting’s contracts and policies come with clear guidance on what that means.
Non-Disclosure Agreements
Believe it or not these are often misused. A Non-Disclosure Agreement, sometimes referred to as a confidentiality agreement, is essentially a legal document which is put into place to discuss potentially working together, sharing sensitive information or collaborations. A good client contract will automatically include these clauses. So if you are signing a client up straight-away, without sharing confidential information or trade secrets, and you have purchased K&K Legal Consulting’s contract, there is no need to buy a separate Non-Disclosure Agreement. But if you do need an Non-Disclosure Agreement you can get your copy here – One Way Non Disclosure Agreement – NDA | K&K Legal Consulting (kkbservices.com)
Website Documents
We understand that not all Virtual Assistants start off with a website. But if you do there are important legal documents to consider before sending the website live. These include:
- Privacy Policy
- Website Terms of Use
A Privacy Policy is a legal document that you must have on your website when you process personal data. It is very easy for a website owner to be processing personal data – it can be for something as simple as having a contact form. The majority of website owners do need to have a privacy policy in place. The privacy policy needs to be displayed in a prominent place on the website (usually the website footer) and must be tailored to how you process personal data. K&K Legal Consulting has a template for a privacy policy. This comes with guidance on how to tailor the policy to your business’s circumstances.
Website Terms of Use – Sometimes they are wrongly called terms and conditions. But Website Terms of Use govern what people can do when they land on your website – they do not govern your clients using your services or purchasing a product from you. But nonetheless they are a valuable asset to have on your website. Although there is no legal obligation to have them, unlike a privacy policy, they can be beneficial in protecting your intellectual property on your website.
Both the Privacy Policy and website Terms of Use are included in K&K Legal Consulting’s legal documents bundle. These bundles, and other legal documents, can be found here Virtual Assistant and OBM Contract Templates and Documents (kkbservices.com) But again make sure you use your discount code: JETVIRTUALASSISTANT
We hope you have found this blog helpful in understanding the legal documents you need to put into place. But do not forget your obligation to assess whether you need to register with the Information Commissioner’s Office and, to protect your business further, ensure that you have suitable professional indemnity insurance in place.
If you have any questions on this blog or any legal questions about your virtual assistant business you can contact K&K Legal Consulting at lawyers@kkbservices.com