We have reviewed the usage and effectiveness of Memorandums of Understanding as applied to both corporate and member activities.
As MoUs are legally unenforceable and amount to nothing more than a letter of intent, we have taken the steps to remove them from use within BCS, The Chartered Institute for IT, BCS Learning & Development Ltd and within our constituent Member Groups and Sections.
In their place, we would advise to make use of the Non-Disclosure Agreement. This provides a legally binding template for any activities that an MoU would typically cover whilst providing key protection for confidential information that may be shared with other parties.
The Non-Disclosure Agreement is binding on maintaining the confidentiality of the information and not on any actions or activities that would otherwise be the subject of the MoU.
It will provide you and BCS with greater protection when engaging in projects with external parties by preventing any information being shared until a formal legal relationship is formed.
We recommend that formal agreements are drawn up for any instance that involve the exchanging of money and will require formal agreements for any instances where personal data may be shared by a member group with a third party. Please contact your member group co-ordinator in these situations.
Please contact the Member Groups team for formal agreements, when required.