Legal Question in Business Law in California

Web postings

If I develop web sites for businesses, what resonsibility and legal reamifcations do I have to the client as to safety of information not being changed by a hacker? If I post something for a client and someone goes in and changes prices for example, what is my responsibility? Where do I go to find answers to questions such as this? My leagal responsibilities in posting a web site for someone?


Asked on 3/27/09, 5:22 pm

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Web postings

These are issues to be spelled out in your initial agreement with the company you are doing business with. If no formal agreement (and in most written ones), the illegal activities of another, as you say a hacker, are generally not the responsibility of the programmer. I would think you would need to fix it as soon as notified, however.

Again, things like this should be spelled out in an initial agreement under a warranties and liabilities section.

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Answered on 3/27/09, 5:39 pm
Timothy J. Walton Internet Attorney

Re: Web postings

In general, a web site developer should have a written contract with the client (for more reasons than just this, ie., a written agreement should spell out which party owns the copyright in the finished product, etc.).

One should also consider the likelihood of such a hacker attack and whether security beyond the norm is warranted. Will you be hosting the web site? Who is the domain name registrant?

There are a multitude of issues that a good attorney can help with when drafting a contract for web site development services.

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Answered on 4/02/09, 1:08 pm


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