When I recently spoke to a long-standing client about his web design projects, we both had to smile: 25 years ago, when I founded my first gaming website with JustGamers, web design still consisted of static HTML pages and flashing GIFs. From game tests on simple websites to modern, complex web applications – I have experienced the entire development of the web first hand. Today, web designers are developing complex digital ecosystems and the legal challenges have grown accordingly.
The most common pitfalls in web design contracts
An example from my law firm illustrates the problem particularly well: a web designer had used a “watertight” contract from the Internet. When the client suddenly demanded a complete redesign after completion of the website because he “no longer liked” the design, there were no clear regulations on acceptance and change requests. What began as a small project developed into a costly legal dispute.
The acceptance trap
After almost 20 years of legal advice in the digital sector and 25 years of experience as an entrepreneur, I know that acceptance is the most critical moment in a web design project. Here are my most important recommendations: – Define clear acceptance criteria – Establish a structured acceptance process – Plan test phases – Regulate the handling of defects and rectifications
Responsive design and browser compatibility
As someone who has built a gaming website from scratch myself, I know that the technical specifications are crucial. Today, it is no longer enough for a website to “work” – it must be displayed optimally on all devices and in all common browsers. Important contractual provisions in this regard: – Concrete definition of supported devices and browsers – Clear definition of screen resolutions – Agreement on performance standards – Provisions on future browser compatibility
Legal protection for hosting and maintenance
The hosting trap
A common scenario from my practice: The web designer hosts his clients’ websites “on the side”. If technical problems then occur or the server fails, the question of liability arises. My recommendations: – Separate web design and hosting contracts – Define clear service level agreements (SLAs) – Regulate backup and data protection – Specify response times in the event of faults
Maintenance and updates
As the former operator of a gaming website, I know how important regular updates are. The contract should regulate: – Scope of maintenance services – Update cycles for CMS and plugins – Security regulations – Cost transparency for unscheduled updates
Special legal features of content management systems
Open source vs. proprietary systems
The choice of CMS has far-reaching legal implications: – Licensing aspects of open source systems – Regulations on custom developments – Agreements on further development – Documentation obligations
Training and instruction
An often overlooked aspect: – Scope of training services – Documentation obligations – Support agreements – Regulations on user administration
Practical tips for web designers
After two decades of legal advice and my own experience as a website operator, here are my most important tips: 1. clearly define project phases – Concept and design – Development and programming – Testing and quality assurance – Launch and aftercare 2. establish change management – Structured change request processes – Clear price regulations for changes – Documentation of change requests – Consideration of time-related effects
3. legal protection of content – regulations on content procurement – responsibilities for texts and images – data protection aspects – SEO agreements
Conclusion
As a lawyer who has himself gone the way from simple webmaster to entrepreneur, I can only emphasize this: A well thought-out website development contract is not bureaucracy, but the basis for successful projects. It gives both sides the security to concentrate on the essentials: the development of great websites. Do you need help drafting your web design contracts? As a lawyer with my own experience in the digital industry, I not only understand the legal side, but also your practical challenges. Let’s work together to develop contract structures that suit your projects and provide you with legal protection.
