Who is responsible for Web T&C, Privacy & Policy? Client or Developer?

[techismylife]

I mean who should come out with those things 1st?

Client to create then developer to upload onto the web?

[Eigenvektor]

Whoever owns/operates the website is responsible for its terms, so that would typically be the client. Even if you host the website in the name of your client, it's still the client's responsibility to provide those terms. However, in this case you typically need a contract that regulates what kind of access to the data you have, and it needs to be parts of the privacy policy that e.g. you are acting as a data processor for them. Best to have a lawyer set this up.

[techismylife]

4 hours ago, Eigenvektor said:

Whoever owns/operates the website is responsible for its terms, so that would typically be the client. Even if you host the website in the name of your client, it's still the client's responsibility to provide those terms. However, in this case you typically need a contract that regulates what kind of access to the data you have, and it needs to be parts of the privacy policy that e.g. you are acting as a data processor for them. Best to have a lawyer set this up.

What about the contents of the website? like descriptive contents among the whole website? or developer covers the short description only, so those long paragraph is client themselves has to create their own?
 

e.g 

[Eigenvektor]

21 minutes ago, techismylife said:

What about the contents of the website? like descriptive contents among the whole website? or developer covers the short description only, so those long paragraph is client themselves has to create their own?

As a developer you're responsible for building the website according to the customer's specifications. You're building "a framework" that can be filled with content. The customer is the one responsible for providing the actual content. Meaning the customer typically provides all images and texts.

 

Of course the client could commission a developer to provide a design, in case the developer offers such services, but it's still up to the client to sign off on it. Most customers will have some other agency provide the design and then the developer receives the design they have to follow when building the website.

 

The customer is also the one who has to e.g. license those images. It's certainly possible that a developer provides some ready made images the customer can license from/through them, but it's still up to the customer to ensure they have a valid license. Obviously all of this can be changed based on the actual contract between client and developer, but that's how it's typically done.

[Nurgster]

Using GDPR as a guide, the client (data controller) is legally responsible for the privacy of the data- the developer/hosting provider (data processor) has obligations to inform the controller of any privacy issues and breaches if they discover them, but it is the responsibility of the controller to ensure that everything is up to scratch, including the privacy policy