Article

Eleni Trod
Eleni Trod 15 December 2020

Legal Issues You Need to Know About in Web Development and Marketing

It is paramount that you do everything that you can to comply with the law. Being compliant means familiarizing yourself with common legal issues. There is no doubt that you are likely to encounter issues such as intellectual property, trade secrets, advertisement issues, the security of data, patenting, and outsourcing complications. Now that you know what these issues are, protect your interests!

Often, people neglect legal considerations when creating a website. The key reason behind this is because legal issues are viewed as complex. Some developers think that legal understanding is not relevant when it comes to web development and marketing.

Well, that is not the truth! When you hire a web developer to work for you, both of you must protect yourselves otherwise the ownership of your site might be put in jeopardy. Here are common legal issues that you should know regarding web development and marketing:

1. Intellectual Property

This issue has to do with the ownership of the website. Often, the web developer owns the website because they are the creator. It is also true that when you are the employer, you own the site because you hired the developer to make it. When you and the web developer do not agree on this, it is bound to cause issues in your relationship.

This is the fact: In instances when the developer has an employee-employer relationship with you, the content they make belongs to you. However, when the developer is an independent contractor, there is a need to have a contract that stipulates ownership of the Copyright Code. In this contract, this arrangement should be termed as “work for hire.” Documenting this information helps to avoid a future scuffle. 

2. Security

Where the website collects people’s sensitive data, there must be someone who will be held responsible when and if there is a breach of data security. Such breaches may occur as a result of failure to encrypt the site with passwords leading to the loss of people’s credit card information. There are businesses, such as gambling, where people give a lot of their information.

In the United States, Las Vegas is known as the hub for this kind of business.  Thus, when you do your web development in Las Vegas, you need to revamp your site’s security. Despite the developer being the one responsible for such kind of security, when you are the employer, you are often the one held responsible.

Therefore, you need to have an indemnification clause in your contract which will serve as a negotiation point regarding the sensitivity of data held on the web.

3. Trade Secrets

This issue is not new in web development and the marketing industry. Hence, you ought to think it through carefully. Trade secrets are any information that derives its importance from secrecy. In this context, both you and the developer have to agree on what information remains a secret.

This information could include business processes, employer’s customer data, or the developer’s marketing strategies. Publication of any information termed as a trade secret is illegal. Therefore, you all should consider signing a non-disclosure agreement to protect the secrets that you share.

4. Outsourcing Issues

You cannot be in business and fail to outsource either development or internet marketing products. Where outsourcing is involved, jurisdictional issues come up.

Different countries have varied laws and regulations. You ought to understand these provisions in case you outsource from another country. Additionally, you need to put in measures to deal with potential lawsuits that you are likely to face. Failure to plan might put your business at risk!

5. Patents

This is a form of intellectual property that is awarded for practices that aid in solving a problem in the way business is done. Some patents have been awarded for the development of web processes such as Amazon’s One-Click Ordering.

In the process of web development, you should refrain from duplicating other people’s designs. Should you copy someone else’s design, you are bound to face litigation which will ruin your business and credibility. Therefore, you should strive to innovate your designs and ideas from scratch. 

6. Advertisements

When creating your advertisement content, you shouldn't mislead your customers. Unfairly affecting their purchasing behavior or decisions about a service that you are rendering might get in you into trouble.

This means that every marketing campaign that you do must tell the truth about what your product or service is all about. You should also be cautious about comparative advertising. When you do it unfairly, you might be charged with a breach of advertising standards. 

Conclusion

It is paramount that you do everything that you can to comply with the law. Being compliant means familiarizing yourself with common legal issues. There is no doubt that you are likely to encounter issues such as intellectual property, trade secrets, advertisement issues, the security of data, patenting, and outsourcing complications.

Now that you know what these issues are, protect your interests!

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