Yesterday I proposed a guideline on the information risk, security and privacy aspects of professional services. I introduced a simplistic 3-phase model for the business relationship through which one or more professional services assignments are delivered and consumed.
Contracting is an important control in its own right with significant information and commercial risks associated. The contract may for instance:
- Be inappropriate for either organisation, the relationship and/or the professional service/s;
- Be informal, undocumented, invalid and hence unenforceable;
- Bypass or shortcut due process;
- Be uneconomic for either party;
- Be unfair, biased and perhaps unethical;
- Lead to problems if an assignment fails or the whole relationship turns sour, perhaps as a result of an incident.
Contracting is a chance for both organisations to think forward, discuss and agree the governance, management, compliance, security/privacy, control and assurance needed for the remainder of the professional services lifecycle (both phases!). It may be infeasible, later on, to modify the terms or specify additional requirements and the associated arrangements for integrity, confidentiality, incident management etc., especially if relationship issues arise.
Also at this stage, client and provider conduct some form of due diligence checks on each other, exploring factors such as solvency, competence, qualifications, certifications and reputations.
The manner in which both parties participate in this phase can be a valuable predictive indicator - a big clue as to how things are likely to pan out later e.g.:
- Appreciation of the each party's capabilities and concerns, plus their common interests in making a commercial success of the planned assignment/s and the business relationship as a whole;
- The willingness to discuss, and flexibility in resolving any issues, perhaps even modifying the provider's 'standard contract terms and conditions' or re-wording service descriptions;
- The professionalism and competence of those involved, plus their authority to make various decisions and commitments;
- The nature of the communications - style, formality, speed, depth/volume, quality, relevance etc.;
- More generally, the quality of the budding relationship: are things setting off on a positive note, or are there already potentially worrying signs that perhaps ought to be addressed now and monitored specifically in due course - assuming it goes ahead? Is there a cultural fit, here, or a misfit?
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