The verdict in three sentences
Under French law, paying for a development service does not automatically transfer ownership of the code: without a written, signed economic rights-assignment clause, the provider retains the copyright. To truly own it in 2026, demand five elements: full and definitive assignment, complete Git repository access, technical documentation, reversibility and, for critical projects, an escrow clause. The premium for a full assignment is generally 0 to 15 % of the project price, negotiable at quote stage.
The 7 clauses to demand in the contract
A solid development contract protects your investment. Here are the non-negotiable clauses in 2026, with their impact and indicative cost.
| Clause | What it guarantees | Indicative premium 2026 |
|---|---|---|
| Economic rights assignment | You become the code owner | 0-15 % of project |
| Full Git repository access | History + all source code | Included if negotiated |
| Technical documentation | A third party can take over | 2-5 % of project |
| Reversibility clause | Orderly transfer at contract end | 0-3 % |
| Escrow (code deposit) | Code held by a trusted third party | 500-2,000 EUR/year |
| Accounts & access transfer | Domains, cloud, DNS in your name | Included |
| No proprietary lock-in | No closed, non-transferable component | Variable |
The assignment clause must state that it covers all economic rights (reproduction, display, adaptation, distribution), for all media, worldwide and for the full legal term of copyright. Vague wording does not protect you.
Owner, licence or lock-in: the 3 situations
Many executives discover their true legal position too late. This table clarifies the three most common cases in 2026.
| Situation | Do you own the code? | Can you switch provider? | Risk |
|---|---|---|---|
| Full signed assignment | Yes, entirely | Yes, frictionless | Low |
| Usage licence | No, use rights only | Hard, code not transferable | Medium |
| No written clause | No, provider is holder | No, possible lock-in | High |
| Closed no-code platform | No, dependent on editor | No, no code export | Very high |
If you're in a licence situation or have no clause, a retroactive fix is possible but costly: the provider has the upper hand. It's far better to frame this before the first commit.
Mini case study
Sophie, MD of an e-health SME in Lille, had a platform built for 75,000 EUR (excl. VAT) with no assignment clause. Two years later she wants to change providers: the incumbent refuses to hand over the full Git repository and charges 12,000 EUR for a retroactive "assignment", plus 8,000 EUR for documentation. Total imposed: 20,000 EUR, i.e. 27 % of the initial project, to recover what would have cost 0 to 15 % negotiated upfront. Lesson: a clear assignment clause would have saved her about 15,000 EUR and six months of standoff.
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FAQ
Does paying for development make me the code owner?
No. Under French law, code is a work protected by copyright; without a written assignment, the author (the provider or their employee) keeps the economic rights. Payment does not equal automatic transfer.
How much does a full assignment clause cost?
In 2026, it generally represents 0 to 15 % of the project price if negotiated at quote stage. Some providers include it for free; others charge for it because they lose the ability to reuse the code.
What is an escrow clause and when to use it?
Escrow deposits the source code with a trusted third party, released if the provider goes bankrupt or breaches its obligations. Useful for critical apps; budget 500 to 2,000 EUR/year.
Is reversibility the same as assignment?
No. Assignment transfers ownership; reversibility organises the operational handover (access, accounts, documentation, backups) at contract end. Both are complementary and should be in the contract.
What to check for a no-code application?
Many no-code platforms don't let you export reusable source code: you stay dependent on the editor. Demand an export clause or favour an open-source base to keep your freedom.
Let's scope your project. Send us your current contract or spec: we audit your ownership clauses and always deliver the code with full assignment and Git repository. Detailed quote within 48 h. WhatsApp +221 77 596 93 33.
Mohamed Bah
Fondateur, Kolonell
Passionate about digital and entrepreneurship in Africa, Mohamed has been helping Sénégalese businesses with their digital transformation since 2020. Founder of Kolonell, he believes every SME deserves a professional and accessible online présence.
