Hey everyone. I’ve been learning web development for a year now. When a person creates a website from scratch with code or uses WordPress software, what are the “legal things” they need once the site it’s live?
For example, I’ve heard about:
1. Privacy Policy
2. Terms and Conditions
3. GDPR
4. Cookies and Trademark Stuff
5. The copyright text in the footer
What are the steps every developer (code or WordPress) takes once the site is 100% done and needs to add the legal stuff? Where does one go to?
What happens if a site has ZERO of those 5 points I mentioned?
For example, are those 5 mandatory? Which ones aren’t?
I’m asking because I’m very cautious about legal things.
Does a freelance developer NEEDS to contact a lawyer for these things?
Do I just do them myself or are there specific companies that handle all the legal things?
I’m just confused, hoping you guys can guide me with the legal part!
Thanks!
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The developer is not necessarily responsible for any of 1-5… But a good dev will make these requirements known to the client. Then you should have some form of contract or Service Agreement about who is responsible. Even if the dev implements 1-5, the client is responsible for ensuring it’s up to date… except GDPR – for which it is reasonable to ask the dev to at minimum supply a list of used cookies, info collected etc.
However, if you also host the site, then you have a bit of a minefield – where you absolutely need a contract – because otherwise the host can be held liable in some circumstances. Also, if they insist on another admin, or someone from another company (maybe some SEO co.) – then you are no longer able to guarantee validity of info.
One of the difficulties is that GDPR is complex, evolving and not very well outlined in legal terms. AFAIK you can still be covered if you are AT LEAST TRYING to abide – but have missed something. This may have changed. It’s really hard to keep up with it all.
My own process is to have a GDPR agreement each client signs to say they are responsible for GDPR – while I am responsible for ensuring they are informed of what cookies are used, info collected for the website (not for 3rd party stuff like a CRM).
The rest is always unique to the client – depends what they do, what they need the site for etc. So if it’s more than a portfolio site – I usually advise some form of legal consult – as there’s no way I can be up to date on it all.
RUN IT PAST LEGAL!
But seriously, that is a GREAT question and I hope the respondents will fill out the blanks.
I come from a RIsk Management background and those issues are usually not looked at… until they blow up in your face.