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Source code and data: who owns the system you pay for?

A company pays for a system, and a few years later discovers it has no access to the code, the server or a full copy of its data. This is easy to avoid if the rules are agreed before work begins.

Why it matters

A business system is often the heart of a company. If the developer closes their business, changes priorities or the cooperation stops working, the company must be able to hand the system over to someone else. Without the code, access and documentation, that is very difficult.

What to look for in the contract

  • Rights to the source code. Who holds them and to what extent. The legal details are best checked with a lawyer.
  • Repository access. The company should have access to the current code, not just a promise that it will be handed over.
  • Servers and domains. Ideally registered to the company, not to the developer.
  • Data. The company must be able to export all of its data in a readable format.
  • Documentation. A description of the architecture, the installation and the key processes.
  • Ending the cooperation. How the system and access are handed over.

Watch out for external services

Systems rely on external services: email, maps, payments, calendars. The accounts for these services should also belong to the company. Otherwise, even with the code in hand, the company may be unable to run the system.

Developer availability is a risk too

Especially with smaller developers, it is worth asking what happens when the person responsible for the system is unavailable. The best safeguard is for the company to have access to the code, servers and documentation. That way the system is not held hostage by one person.

How I work

The code, data and access belong to the client, and the system is documented so that another developer can take it over. If you would like to talk about a system for your company, book a consultation.

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