Ownership of any and all unique items on your website means that you have rights to it – domain, custom programming, design files, data. Only a proper contract will assure such ownership. Make sure that before signing up with any web development company in Dubai that the domain and web host belongs to your business and that ownership transfer occurs with final payment.
The moment most business owners think about their website ownership is the moment when they want to replace the agency, sell their business or resolve urgent matters. But this is the toughest moment to clarify such information. Some checks done at the very beginning of any project can save a lot of time and effort.
Why does website ownership matter?
Clear ownership lets you:
- Be flexible. Changing your hosting provider or agency will be easy since you don’t need to rebuild anything.
- Be prompt. Solving any problems with your website, renewing the domain or granting access to any third party provider will not require you to wait for anybody else to complete their work.
- Secure your business interests. Website content and customer data is business property.
- Be secure. Only you can give someone admin rights and revoke them once they or their suppliers have gone.
The 7 parts of a website and who should own them
The website consists of different elements, all of which need to be reviewed.
| Website asset | Who should own or control it | What to check |
| Domain name | Your business | Registered in your company’s name, with your company email as the main contact |
| Hosting account | Your business, or a managed plan with full access for you | You can log in, download backups and move to another host |
| Custom code | Your business, after final payment | Source code is handed over, ideally in a code repository you control |
| Design files | Your business, after final payment | Figma or source files are included in the handover |
| Content | Your business | Text, images and videos you supplied or paid for are yours to reuse |
| Data | Your business | Form entries, customer records, orders and analytics belong to you |
| Accounts and tools | Your business | CMS admin, Google Analytics, Search Console and Tag Manager are owned by your accounts, with the agency added as a user |
Which parts of a website do you license instead of own?
Some components are owned by someone else, and you have access to them via a licence. That’s fine, provided that you know about them.
- Free software like WordPress and different frameworks can be used at no cost, subject to their licences.
- Premium themes and plugins are mostly licensed on a per-site basis, and there’s an annual renewal.
- Stock images, icons and fonts will be subject to specific terms of licences that dictate how you can use them.
- The platforms hosting your content and data include Shopify, and in this case, your website is yours but the platform belongs to the service provider.
Request your developer provide a straightforward list of all licences of third parties being used on your site, including the name of the licence holder and when it expires.
What does UAE law say about website ownership?
The copyright law in the United Arab Emirates, Decree-Law No. 38 of 2021, covers computer programs, applications, and databases as works of authorship. As per this law, only a written agreement regarding the transfer of rights can be valid, and the terms will include which rights are being transferred, its scope, purpose, duration, and place of use.
In clear language: avoid any verbal understanding or assumption about transferring rights in custom software code and design by just paying for a website.
Please note that this information is general only and not legal advice. You should consult with a UAE lawyer regarding contract wording.
Who should register your .ae domain?
It should. The domain space under the .ae TLD (top level domain) is administered by the .ae Domain Administration (.aeDA) organization, which operates as an organization of the Telecommunications and Digital Government Regulatory Authority (TDRA) in UAE. A regular .ae domain is available to all people, while a .co.ae domain must be either associated with a trade licence in UAE or a UAE trademark and must correspond to your business/trademark name.
No matter what you decide, the registrant must be your company, the contact email must belong to your business, and you must have your own access to the registrar site.
What about customer data collected through your website?
The personal data is collected by the website via contact forms, booking forms, user accounts and orders. The UAE Personal Data Protection Law (Decree-Law No. 45 of 2021) regulates the matters of consent, transparency and data subject rights for organizations processing personal data in UAE. The companies operating in DIFC and ADGM are governed by their own data protection regulations.
Practically, make sure that:
- as it
- access by your developer is restricted to what he needs and can be revoked, and
- that you are aware of where your backups reside and how to get them.
8 contract clauses that protect your website ownership
Before committing to a web development firm, ensure that the agreement includes:
- Right Transfer: Copyrights for the developed code, design and content are yours once final payment is made.
- Code Deliverance: You receive either the source code and database or the source code repository.
- Licences of third parties: All licences involved, their owners and the person responsible for renewal fees for all.
- Your accounts: Domain name, web hosting and any other services that are linked to your business account.
- Transition package: Access data, documentation, and most recent backup are provided on project launch.
- Warranty: Software bug fixes will be provided free of charge during a pre-agreed time after project launch.
- Exit conditions: Notice and transition period requirements.
- Use of portfolio: Whether the developer has the ability to put your site on his portfolio. Normally it is okay, but that should be decided by you.
What if your current developer controls your website?
It occurs far more frequently than you would think, and it can normally be sorted out without difficulty:
- Request for administrator access, hosting access, and the domain transfer code in writing.
- Create a complete backup of all the files and the database when you get the access.
- Transfer the domain name to the registrar account of your firm.
- Change passwords and check who has admin access.
- Everything should be documented in one document for the future.
In case you change teams, our website migration services will migrate you smoothly, while not losing the content or the rankings and our blog post about common website redesign mistakes that may harm your SEO will help you avoid them.
How RedBerries handles website ownership
As an expert web development company in Dubai, which has launched more than 200+ successful projects of website development, our opinion is clear. After final payment, the website becomes yours. All the code, content, assets and platform access belong to you and you have no obligations where to host it or to whom.
Frequently asked questions
Who owns the copyright to a website, the client or the developer?
It depends on the contract. According to the UAE copyright law, the transfer of economic rights is possible only in writing form. In case you have such a clause in your contract that gives the right to custom code, design and content, the ownership is yours. Without it, there might be some uncertainties.
Can my web developer register my domain in their name?
Yes, but this is something you don’t want to allow. You have to register your domain in the name of your company, using the company’s email address as the primary contact point. If your web developer registers your domain for you, make sure that he transfers your domain to your personal registrar account as soon as possible after the project begins.
What happens to my website if I stop working with my agency?
Yes, provided that you own the domain, hosting and code. In case all these items belong to your web development agency, you will have to get their permission to transfer them to your personal account. Well-drafted contract terms will help to do this quickly and amicably.
Do I own a premium WordPress theme or plugin I paid for?
In most cases, you cannot. The thing is that when you purchase it, you just get a licence to use the platform for one year or more depending on the terms. However, you own everything else that is developed using the platform like your custom design, content and code if the agreement says so.
Can a web development company show my website in its portfolio?
Most developers want to add your website to their portfolio after completing the project. However, there is nothing wrong about this as long as it is stated in the agreement and the website doesn’t have anything private in it.
Start with clear ownership
Choosing a web development company in Dubai that guarantees you ownership from the very beginning of the cooperation will save your time, money and efforts in the future. Schedule a free consultation to discuss your project and learn what you will have in the end.