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Code Ownership and IP Checklist for Outsourced Software Development

Short answer

When outsourcing software, make sure the contract assigns intellectual property to you, the repository and cloud accounts are in your name from day one, open-source licences are checked, AI-generated code is disclosed, confidentiality is covered by an NDA, and handover includes documentation. This is general information, not legal advice.

AWI Digital Team 2026-10-06⏱ 3 min read

Checklist

  1. Contract assigns IP in the deliverables to you on payment.
  2. You own the Git repository and cloud accounts (domain, hosting, database, app stores).
  3. Vendor uses their own accounts only for temporary testing.
  4. Third-party and open-source components are listed with licences.
  5. AI-generated code is disclosed and reviewed.
  6. NDA covers confidential information and data.
  7. Source code, build scripts and environment documentation are delivered.
  8. Credentials are transferred securely and rotated at handover.
  9. A warranty period covers defects.
  10. A clear exit clause explains how handover works.

Open-source and AI-generated code

  • Some licences (for example strong copyleft) can impose obligations; list and review them.
  • AI tools can produce code resembling existing code; scan and review for licence risks.
  • Keep records of which tools were used.

Handover package

ItemWhy
Repository with historyYou can continue or change vendors
README and setup guideA new developer can run the project
Environment variable listDeployment without guesswork
Architecture overviewUnderstand how it fits together
Test suite and instructionsSafe future changes
Admin accounts and recovery contactsBusiness continuity

Our approach

You own the code and data; repositories and accounts are in your name, and we provide documentation. For help with takeover and review of existing code see our rescue and support service.

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Describe the product. We recommend the right model and a plan.

Frequently asked questions

Who owns code written by a freelancer by default?

It depends on local law and the contract; in many places the creator owns it unless rights are assigned in writing, so get an assignment.

Is code written with AI tools protected?

Rules are evolving and differ by country; take legal advice for important projects.

Do you sign NDAs?

Yes, before reviewing your code or ideas.

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