ABA Family Legal Guide

Computer Law

Computers on the Job

Do these rules also apply to freelancers and contractors?

Yes, unless the contract between the company and freelancer states otherwise. It would be a rare company that would cede any equipment to someone who is not an employee.

In this highly computer-connected world, an increasing number of people are opening home consulting businesses in which they perform outside work for many companies. Their home computers become a smorgasbord of software programs from the companies they serve. These workers are called contractors for a reason: They are governed by a contract with each company.

The contract will generally spell out the terms under which a company allows a consultant to use its software and related equipment. This permitted use is often very limited so as not to blur any legal lines between a contractor, who relies predominantly on his or her own materials, and an employee, who has freer rein on the company's equipment.

Even in the absence of a written contract, one hallmark of a freelance relationship is that you use your own equipment. Anything given to you by the company is for a limited purpose and must be returned. And consultants, freelancers, and contractors often are required to sign nondisclosure agreements that allow for the inspection of their computers if there is reason to determine compliance with the company's policy.