Hiring Safely Upwork Fiverr Data Privacy
How to Hire on Upwork
Without Accidentally Donating Your Data to an AI Model
Why This Matters: The Hidden Cost of “Just Hiring a Freelancer”
When you post a job on Upwork or Fiverr, you’re not just hiring a person—you’re entering a three-party relationship:
- You (the client) – providing project briefs, budgets, strategy, and sometimes confidential client information
- The freelancer – delivering work product, asking questions, uploading files
- The platform – sitting in the middle, collecting messages, attachments, and usage data
Platforms increasingly use this data to:
- Train AI models that suggest responses, draft proposals, and automate project tasks
- Improve marketplace recommendations and search ranking
- Power analytics, trend reports, and (in some cases) third-party developer tools
The risk: Your confidential project details, proprietary methods, client names, or strategic plans become inputs to algorithms you don’t control—potentially surfacing in AI-generated suggestions to competitors or being analyzed by platform partners.
The good news: With the right precautions, you can use platforms safely for most work. It just requires intentional configuration and clear boundaries.
Your 6-Step Data-Safe Hiring Process
1 Decide Your Company’s AI and Marketplace Policy
Before you post your next job, answer these questions at the company level:
- What categories of work are allowed on public marketplaces? (e.g., blog writing, graphic design, general VA tasks)
- What work must stay with vetted vendors or in-house? (e.g., anything involving client data, proprietary code, attorney-client privilege, HIPAA-covered information)
- Which platforms are approved? (Upwork with AI opt-outs? Fiverr for non-sensitive creative? Ban PeoplePerHour due to “not confidential” messages?)
- What’s the default AI training posture? (Opt out of all training by default? Case-by-case decisions?)
Action item: Draft a one-page “Marketplace & AI Policy” that hiring managers can reference. Include:
- Approved platforms and use cases
- Required AI settings for each platform
- Prohibited data uploads (customer lists, production code, client names, etc.)
- Communication channel rules (what goes through platform messages vs. encrypted email)
2 Configure Platform Settings (Upwork Walkthrough)
Upwork is the only major freelancer platform with granular AI controls. Here’s how to set them up:
Where to Find AI Preferences
- Log into Upwork
- Click your profile icon (top right) → Settings
- Navigate to Profile / My Info → AI Preferences
What You’ll See (Three Toggles)
| Setting | What It Controls | Recommended for Sensitive Work |
|---|---|---|
| Communications Data | Allows Upwork to train AI on your messages with freelancers (for your exclusive use: summaries, suggested responses, etc.) | Toggle OFF – Messages often contain scopes, budgets, client names, strategy |
| Work Product Data | Allows Upwork to train AI on deliverables, attachments, documents, code exchanged in contracts | Toggle OFF – Work product may contain proprietary methods, client information, or trade secrets |
| Other Platform Data | Allows Upwork to use your job posts, proposals, marketplace activity to improve overall platform (better matching, search, etc.) | Your choice – Lower confidentiality risk. Toggle off for maximum privacy; leave on for better recommendations. |
💡 Double Opt-In Requirement
For Communications Data and Work Product Data, Upwork only uses the data if both you and your freelancer have opted in.
Best practice: In your first message after hiring, ask: “Please confirm you’ve configured your Upwork AI Preferences to opt out of Communications Data and Work Product Data for this engagement.”
Other Platforms (Fiverr, Freelancer.com, PeoplePerHour)
Fiverr: No AI Preferences panel. You must specify “No AI tools may be used on this project” in the order requirements for each gig.
Freelancer.com / PeoplePerHour: No AI-specific settings at all. Your only control is through contract clauses and limiting what you upload to the platform.
3 Write Job Posts That Express Your AI Expectations
Don’t assume freelancers know your data policies. Make it explicit in your job post and first message.
Template: Upwork Job Post (Confidential Work)
Template: Fiverr Order Requirements (Per-Project AI Ban)
Completing Your Data-Safe Hiring Process
4 Handle Files and Documents Carefully
Even with AI settings configured, platform employees can access uploaded files for support, disputes, and compliance. Minimize exposure:
File Handling Best Practices
- Redact or anonymize sensitive information in documents before uploading
- Use synthetic or test data for freelancer examples (not production databases)
- Share large or sensitive files via secure links (Dropbox with expiration, restricted Google Drive) rather than platform uploads
- For code repositories, use GitHub private repos with access controls—don’t paste full source code into messages
- Avoid uploading: client contracts, internal strategy decks, customer PII, proprietary algorithms
- When freelancer delivers final work, download immediately and confirm deletion of copies
⚠ The “Share Screen” Trap
Some freelancers will ask to screen-share (Zoom, Google Meet) to review work. Be cautious:
- Don’t share your screen showing confidential client dashboards, internal tools, or unredacted documents
- If the freelancer needs to see something sensitive, create a demo environment or redacted version
- Remember: many screen-sharing tools have their own AI features that may analyze video/audio unless disabled
5 Build AI-Aware Contract Clauses
Your Upwork/Fiverr contract and any separate NDA or SOW should explicitly address platform data use. Essential clauses:
- Platform AI Configuration: “Contractor agrees to configure all freelance marketplace settings to prevent Client data from being used to train AI models, and to provide written confirmation within 24 hours of contract start.”
- Upload Restrictions: “Contractor shall not upload Client’s confidential information, production data, or proprietary materials to any platform in unredacted form without prior written consent.”
- Communication Channels: “Routine coordination may occur via platform messaging. All confidential discussions must occur via [encrypted email / secure portal].”
- AI Tool Disclosure: “If Contractor wishes to use any AI tools on Client work, Contractor must: (a) obtain written consent; (b) disclose which tools and what data they will access; (c) confirm tool’s terms prohibit training on user data.”
- Post-Engagement Data Deletion: “Upon project completion, Contractor shall delete all Client data from local systems, cloud storage, and third-party tools, and provide written certification of deletion.”
💡 Where to Add These Clauses
If using Upwork’s standard contract: Add attachment titled “Data Security and AI Use Addendum” and reference it in first message.
If using separate NDA/SOW: Include these as dedicated sections in your template.
For quick Fiverr gigs: At minimum, include AI tool ban and confidentiality notice in order requirements.
6 Periodically Review Platform Policy Updates
AI and privacy policies are evolving rapidly. What’s true today may change in six months.
Quarterly Policy Review Checklist
- Check Upwork’s “How to control your AI preferences” help article for updates
- Review Fiverr’s “Using AI on Fiverr” guidelines and any new AI features
- Re-read privacy policies for platforms you use (look for “last updated” date)
- Google “[Platform name] AI training policy change” to catch news coverage
- Re-audit your team’s active contracts: are AI settings still configured as intended?
- Update your internal Marketplace & AI Policy document to reflect platform changes
Assign ownership: Make someone responsible (legal ops, privacy team, or designated project manager) for tracking these updates. Add recurring calendar event: “Marketplace AI Policy Review – Quarterly.”
Platform-by-Platform Risk Assessment
✓ Upwork
Risk Level: Low-Medium (with proper configuration)
Strengths:
- Granular AI Preferences
- Double opt-in for training
- Prospective-only AI use
- No third-party model training
Weaknesses:
- Default opt-in (from Jan 5, 2026)
- Non-retroactive opt-out
- Platform employee access persists
Best for: Confidential work where you need marketplace efficiency but want control
⚠ Fiverr
Risk Level: Medium-High
Strengths:
- Fast, low-cost creative work
- Creators retain model ownership
Weaknesses:
- No AI preferences UI
- Burden on buyer to say “no AI”
- Fiverr Go trained on billions of interactions
- Open developer platform
Best for: Generic creative tasks; avoid for anything proprietary
🚨 PeoplePerHour
Risk Level: High
Weaknesses:
- “Messages not private/confidential”
- No AI toggle
- Data used for analytics/research
Best for: Initial vetting only; move work off-platform
🚨 Freelancer.com
Risk Level: High
Weaknesses:
- Most UGC labeled “non-personal”
- No AI-specific opt-out
- Automated ranking on UGC
Best for: Non-proprietary tasks where data exposure is acceptable
Decision Tree: Should This Project Go on a Marketplace?
| Project Type | Recommended Platform | Required Precautions |
|---|---|---|
| Public blog posts, social media | Any platform | Minimal. Standard contract terms sufficient. |
| Generic graphic design | Fiverr or Upwork | Provide only public brand assets. Redact internal strategy. |
| Internal documentation (non-sensitive) | Upwork with AI opt-outs | Configure AI Preferences. Use generic examples. |
| Proprietary code or algorithms | Upwork with AI opt-outs + strict contract | Opt out of work product training. Private GitHub repos. Add deletion clauses. |
| Client-confidential work (under NDA) | Upwork with AI opt-outs + off-platform comms | Opt out. Move sensitive discussions to encrypted email. Redact client names. |
| Attorney-client privileged work | DO NOT use marketplaces | Use vetted law firms or in-house counsel. Marketplace use may waive privilege. |
| HIPAA-covered PHI | DO NOT use marketplaces | Platforms don’t sign BAAs. Use HIPAA-compliant vendors only. |
| Financial data, customer PII | DO NOT use marketplaces | Regulatory risk too high. Use vetted vendors with DPAs. |
Common Mistakes and How to Avoid Them
❌ Mistake #1: “I Hired on Upwork So It’s Automatically Confidential”
Reality: Upwork’s default (as of Jan 5, 2026) is opted in for AI training. If you never configure AI Preferences, your messages and work product are being used to train models.
Fix: Visit AI Preferences and toggle off Communications Data and Work Product Data. Verify your freelancer does the same.
❌ Mistake #2: “I Signed an NDA, So Platform Terms Don’t Matter”
Reality: Your NDA binds the freelancer, not the platform. Platform terms govern what the platform can do with uploaded data.
Fix: Use NDA clauses that explicitly address platform data use (see Step 5).
❌ Mistake #3: “I’ll Just Tell the Freelancer Not to Use AI”
Reality: Without platform-level settings and contract enforcement, freelancers may use AI tools anyway (especially on Fiverr, where it’s allowed by default).
Fix: Combine instructions with platform configuration, contract clauses, and spot-check deliverables using AI detection tools if needed.
❌ Mistake #4: “I Can Always Opt Out Later If I Change My Mind”
Reality: On Upwork, opting out is not retroactive. Data shared while opted in may still be used for training; only future data is excluded.
Fix: Configure settings before you post your first job or send your first message. Don’t wait.
Tools and Resources
Helpful Links
- Upwork AI Preferences Help: Search “How to control your AI preferences on Upwork” in Upwork Help Center
- Fiverr AI Guidelines: Search “Using AI on Fiverr” in Fiverr Help Center
- AI Detection Tools: GPTZero, Originality.ai, or Turnitin to spot-check written deliverables
- Secure File Sharing: Tresorit, SpiderOak, or Sync.com for end-to-end encrypted file sharing
Sample Internal Policy (One-Page Template)
Attorney Services: Freelance Platform Data Privacy Consulting
As a Top Rated Plus attorney on Upwork, I help companies build and implement safe hiring practices across freelance platforms. I understand these systems from both the client and service provider perspective.
How I Can Help
- Company Policy Development: I draft custom Marketplace & AI Use Policies tailored to your industry and compliance requirements
- Implementation Guidance: Step-by-step training for hiring managers on configuring AI settings and vetting freelancers
- Contract Template Library: I provide job post templates, first-message scripts, and AI-aware NDA/SOW clauses for each platform
- Platform Settings Audit: I review your current Upwork/Fiverr usage and identify where confidential data may be exposed
- Freelancer Onboarding Protocols: I create briefing materials and confirmation checklists to ensure compliance
- Quarterly Policy Monitoring: Ongoing reviews to track platform policy changes and update your protective measures
Why Platform-Specific Counsel Matters
Generic data privacy advice doesn’t address the nuances of freelance marketplace hiring:
- Upwork’s double opt-in creates coordination requirements most attorneys miss
- Fiverr’s per-project AI opt-out demands different workflows than account-level settings
- Regulated work (HIPAA, attorney-client) has special considerations on public platforms
- Contract enforcement across platforms requires platform-aware language
I stay current with each platform’s evolving AI policies and help you implement practical, enforceable protective measures.
My Approach
I don’t just draft documents—I provide implementation support:
- Screenshots and walkthroughs showing exactly where to configure settings
- Copy-paste templates for job posts, first messages, and order requirements
- Decision trees helping teams quickly determine if a project belongs on a marketplace
- Training sessions for hiring managers (recorded for async viewing)
Schedule a Freelance Platform Safety Consultation
Whether you’re building your first marketplace policy or auditing an existing hiring program, I provide practical guidance tailored to your workflow.
Send me information about platforms you currently use, types of work you hire for, and any compliance concerns (HIPAA, attorney-client privilege, trade secrets, etc.). I’ll evaluate your setup and provide specific recommendations.
Email: owner@terms.law
Policy development: $720-$1,440 (3-6 hours @ $240/hr). Template library: ~$450-$720. Platform audit: $480. Training sessions: $240/hr. Quarterly monitoring: monthly retainer available.