ERP implementation SOW confidentiality: what may a partner say?

What is the short answer?

It depends on your contract, but the safe rule is simple: introduce, do not disclose. A typical implementation MSA or SOW defines "confidential information" broadly, and the client's data, processes and system configurations almost always fall inside it. An introduction needs none of that. It needs a company name, a rough size and a sponsor who has agreed to a conversation.

This is general information, not legal, tax or financial advice. Confirm with your own counsel before acting, because your agreements may say something different.

What do implementation confidentiality clauses typically cover?

The wording varies, so read yours. These are common features, not a statement of what any specific contract says:

The Federal Trade Commission staff have stated that companies' promises not to use customer data for undisclosed purposes, such as training models, are enforceable. That is staff guidance, not a rule. The post is about AI companies' own commitments, not about consultants, but it shows why confidentiality promises are taken seriously.

What can you say in an introduction?

Think of a three-level ladder:

1. Green: basic fit information, with permission. Company name, approximate headcount, years in operation, industry, the sponsor's name and contact.
2. Amber: general observations, with permission. That the company runs an ERP and several other systems, without naming configurations or versions beyond what the client is happy to share.
3. Red: never. Data, exports, screenshots, design documents, integration maps, pricing, internal issues, and anything learned under the engagement.

If you are unsure which level a fact falls under, treat it as red and ask the client.

How do you handle it step by step?

1. Re-read the confidentiality and publicity clauses in the MSA and SOW.
2. Decide whether you need your counsel's view; if the wording is unclear, you do.
3. Ask the owner or CFO for permission to introduce them, in writing.
4. Send only green-level details via the referral form or your referral link.
5. Let SourceX run qualification, inventory, rights review and contracting with the client directly.
6. Do not attend data discussions unless the client asks you to and your contract allows it.

Why is an implementation partner well placed anyway?

You know when a legacy system is being retired, which is the moment records are most at risk of being lost. You know the sponsor. You have credibility. None of that requires disclosing anything. The ERP AI agents guide explains why process histories matter to model builders, and the Infor records page shows how one ERP family's history looks. The consulting project archives question addresses your own firm's materials, which is a separate topic from introducing a client.

What about your own firm's materials?

Your project archives, templates and internal notes may include client information. Whether you can license any of it depends on your client contracts and ownership terms, which is a different decision. A work-product clause may give the client ownership of deliverables. Read those clauses before assuming anything.

What can you tell a client about your own firm?

When a client asks what you may disclose, the same ladder works in reverse. Statements about your own staff, rates and methods are yours to share. Statements about another client's project are not. Keep a short note in each engagement file of what the client has permitted, and when, so that a later introduction does not depend on memory.

Illustrative scenario

Illustrative: a fictional ERP consultancy finishes a distribution client's migration. In the closeout meeting the partner asks the CFO, using the permission script above, whether she would like an introduction. The CFO says yes, and the consultancy submits her name, the company's rough size and years in business. The consultancy shares no project documents and does not attend the later inventory calls.

How do rewards work, and do they raise a conflict?

Partners earn 25% of eligible platform fees SourceX actually collects, capped at $100,000 per referred company, and only after the buyer pays and SourceX receives its fee. No reward is guaranteed. Some consulting agreements restrict referral compensation or require disclosure of financial interests in recommendations. If yours does, address that before the introduction and disclose the arrangement to the client where appropriate. The rewards page describes the program side.

Common mistakes

Questions to put to your counsel

• Does our MSA treat the existence of the engagement as confidential?
• May we pass a client's name to a third party with the client's written consent?
• Do our professional rules or insurance require disclosure of referral rewards?
• Does any data protection addendum restrict how we describe the client's systems?
• Should the client confirm the permission on a letterhead or by email?

Next step

Check your agreements, then register as a partner. Use the network opportunity finder to list clients you might ask, and review who qualifies. Related pages include the ERP consultant referral page, the HubSpot solutions partner page and additional revenue streams for MSPs. Confirm with your own counsel before acting.