Managing conflicts of interest and protecting confidential information
Introduction
Public Digital is guided by 10 Positions that reflect who we are as an organisation. Our ethics review process also helps us decide who we partner with, and under what conditions.
We work with a huge variety of governments and large organisations around the world. It is important for us to be able to identify and manage potential or actual conflicts of interest in who we work with, and to protect confidential information that is shared with us.
This page sets out how we uphold this commitment to our positions, ethical practice and safeguarding confidential information. This page was updated on 3 October 2024 and will be regularly reviewed and updated.
Objectives
In setting out these commitments, our objectives are to ensure the following:
1. All conflicts of interest are identified and categorised so we can assess any risk posed.
2. Client confidential information is appropriately protected.
3. We have procedures to manage any conflict of interest or confidential information issues.
4. All of our partners, employees and contractors know what those procedures are.
Conflicts and confidential information issues
Identifying conflicts of interest
When competing interests impair our ability to make objective, unbiased business decisions, we have a conflict of interest. We may face conflicts of interests as a business or as individuals. Conflicts of interest may be actual or potential, and be financial, non-financial, or indirect.
Identifying confidential information issues
In all of our engagements, we use our knowledge, skills and expertise to deliver the very best for our clients; and become engrossed in the affairs of our clients’ organisations by learning the work they do and how they operate. Through this process, we naturally learn some of their confidential information. Protecting that confidentiality is our first and foremost priority. We know that our clients place a high level of trust in us, and we need to respect this by always maintaining our integrity and trustworthiness.
In our usual course of business, a confidential information issue can occur when:
1. a member of our team has worked with a client (Client A) and as a result has knowledge of Client A’s confidential information; and
2. the same member of our team is serving another client (Client B), who would benefit from learning the confidential information of Client A.
In this instance, the member of the team is unable to fully serve Client B, because to do so would require them to utilise and share the confidential information of Client A. In these circumstances we will carefully consider whether that same consultant can appropriately work for Client B and if so, ensure that there are adequate protections against confidential information issues, as set out below.
Managing conflicts and confidential information issues
All of us at Public Digital have a personal responsibility to avoid conflicts of interest and protect our clients’ confidentiality. Conflicts of interest are considered at the earliest opportunity and throughout our work. Where a potential conflict or confidential information issue is identified, we will seek to immediately escalate it to our Management team for consideration.
Where there is the potential of a confidential information issue, this may be overcome using an information barrier, as set out below.
We will also check that no-one working with a client has a personal interest in the proposed project or in the client’s business. If we discover that such an interest exists, then we will ensure that the relevant team member is removed from the project team and replaced with another team member without such an interest.
Information barriers
Where we face confidential information issues, we will explore if these can be overcome by ‘information barriers’. To do so, we will, with client agreement, implement systems and procedures which protects confidential information being shared between our teams. Any situation in which we consider implementing an information barrier is considered high risk and therefore must be approved by the Management team.
Where an information barrier is established, the following aspects will be enforced:
1. those on one side of the information barrier will not discuss the project with anyone other than those working on the same side of the information barrier.
2. all calls regarding the client’s business or project are taken confidentially and where they cannot be overheard;
3. all documents and other materials relating to the client’s business are filed correctly (accessible by only those authorised to be inside the information barrier);
4. any hard copy documents will be kept secure and are not left in plain sight of others (particularly anyone working on the other side of the information barrier); and
5. any breaches of the information barrier will be reported to the Management team immediately.
Commercial conflicts
A commercial conflict can exist where:
1. there is a commercial sensitivity in advising a particular client, or for a client’s competitor;
2. there are “reputational” issues for us in accepting the work; or
3. where a business restriction agreement is in force with a client (see further below).
Commercial conflicts are assessed on a case-by-case basis. In dealing with commercial conflicts, we will seek to achieve an outcome which is in the best interests of the respective clients and Public Digital as a whole. Where actual or potential commercial conflicts arise, we will escalate these to our Management team immediately.
Confidential information during secondments
During the course of our working, there may be times where it will be beneficial to our clients’ business or organisation for one or more of our employees to be seconded to their teams. During the secondment, our employees will naturally become aware of confidential information regarding these organisation.
Where this happens, we’ll make sure that we maintain the strictest levels of confidence. We will not disclose or make use of any confidential information which is learned in the course of the secondment other than in the performance of our services to that particular client. Our secondees will not discuss the confidential information with anyone outside of the client’s organisation, and we will not seek to make any gains from information we may become aware of.
We will ask clients to make us aware of any internal rules and processes that are relevant to the way in which our secondee interacts with Public Digital during their time with the client. We would also ask that our secondee is not put in a position whilst at secondment that would put them in a personal conflict of interest in respect of their duties to Public Digital, such as the procurement of a contract award for which Public Digital would be eligible.