Organizations should include a clear exclusivity clause in employment contracts, contractor agreements, or related policy documents stating that a subject must not perform work for another employer, client, commercial entity, or personal business during contracted working hours without prior authorization.

The clause should focus on working-time availability, conflict of interest, and protection of organizational information. It should require disclosure and approval of any secondary employment or commercial activity that may overlap with contracted hours, reduce the subject’s availability, involve a competitor, supplier, customer, or other sensitive third party, or create a risk that organizational systems, information, contacts, materials, or work product could be misused.

The clause should also prohibit the use of organization-owned devices, accounts, credentials, networks, collaboration platforms, documents, customer information, intellectual property, or internal contacts for secondary employment or external commercial activity unless expressly authorized.

To remain jurisdiction-neutral, the clause should not attempt to prohibit all outside work. It should instead establish a defensible requirement that the subject remain available during contracted working hours, disclose relevant external work, avoid conflicts of interest, and protect organizational assets and information.

Sections

ID	Name	Description
IF038	Undisclosed Concurrent Employment	Undisclosed Concurrent Employment occurs when a subject performs work for another employer, client, or commercial entity while remaining employed by the primary organization, and does so without required disclosure, approval, or contractual permission. The behavior becomes an insider threat concern where the secondary role conflicts with the subject's obligations to the primary organization, reduces availability during contracted working hours, creates a conflict of interest, or increases the risk of unauthorized use or disclosure of organizational information. This infringement may involve a subject conducting external work during primary working hours, using organization-owned devices or accounts for secondary employment, misrepresenting availability, submitting false timesheets, or transferring knowledge, materials, contacts, or work product between roles. In more serious cases, the secondary employment may be with a competitor, supplier, customer, or entity seeking access to the organization's internal information, creating exposure to intellectual property theft, data loss, regulatory breach, or third-party collusion.
MT021.003	External Business Interest	A subject owns, operates, advises, supports, or materially benefits from an external business whose activities or interests conflict with their responsibilities to the organization. The external interest may include a private company, consultancy, partnership, directorship, freelance operation, side business, or commercial activity conducted through another person. The business does not need to be a direct competitor. A conflict may also arise where it supplies similar services, seeks access to the same customers, depends on organizational resources, or could benefit from information available through the subject’s role. The subject may use organizational working time, information, equipment, personnel, customer relationships, intellectual property, or decision-making authority to support the external business. They may also direct opportunities away from the organization, influence supplier or customer decisions, or conceal the extent of their involvement. Investigators should establish the subject’s ownership, management, advisory, or beneficial relationship with the external business and determine whether it was disclosed. Relevant evidence may include corporate records, professional profiles, business websites, invoices, communications, device activity, customer contact, use of organizational resources, and work performed during contracted hours. This Sub-section should be distinguished from IF038 – Undisclosed Concurrent Employment. Undisclosed Concurrent Employment captures the infringement of maintaining or performing undisclosed external work where disclosure is required. External Business Interest describes the conflict acting as a motive that may influence a wider range of harmful conduct.