39. Architects must take the necessary measures to ensure that information and documents relevant to professional secrecy are not disclosed to a partner, shareholder, director, manager, officer or employee of a partnership or joint-stock company within which they carry on professional activities or in which they have an interest, as soon as they become aware that the partner, shareholder, director, manager, officer or employee has a conflict of interest.
The following factors must be considered in assessing the effectiveness of such measures:
(1) size of the partnership or company;
(2) precautions taken to prevent access to the architect’s file by the person having a conflict of interest;
(3) instructions given to protect confidential information or documents related to the conflict of interest; and
(4) isolation, from the architect, of the person having a conflict of interest.