I'm a freelance database developer running my own business and have started wondering about the liability involved with modifying and updating data. I'm not concerned about the modification of data for my direct clients, but when my direct client has their own clients and I'm asked to update/modify their client's data I'm wondering if I'm starting to get into a legal grey area as I am not employed by their client. If their client asks them to modify some data, and as a contractor the work gets passed to me, am I in anyway liable/culpable for the work being done? Like say I made a change that was not on the up and up, unbeknownst to me, does that liability fall all the way down to me? Should I start refusing to modify third party data?
Ask HN: What is the liability of modifying system data for a client's client?
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Re: Ask HN: What is the liability of modifying system data for a client's client?
#2You need to talk to a lawyer. It's possible that you could re-negotiate the contract with your client (I assume you already have some kind of contract) so that it explicitly makes the client responsible for anything they asked you to do on behalf of their own clients. If the client refused to take on that responsibility, then you might consider refusing to do the work.
Re: Ask HN: What is the liability of modifying system data for a client's client?
#3You need to talk to a lawyer. It's possible that you could re-negotiate the contract with your client (I assume you already have some kind of contract) so that it explicitly makes the client responsible for anything they asked you to do on behalf of their own clients. If the client refused to take on that responsibility, then you might consider refusing to do the work.
thanks, that's kind of what I was thinking, I'm going to follow this gut instinct
Re: Ask HN: What is the liability of modifying system data for a client's client?
#4[IANAL]
Nothing will keep you from getting sued if you are in the US since anyone can sue anyone. Liability is another matter since it is determined in a court not merely by allegation.
There are two general tools for dealing with allegations of liability. One is indemnity clauses in your contract. The other is insurance. The third tool is protection of assets (typically via a fictitious person).
Thus the three other members of your business team: lawyer, insurance agent, and account should be consulted to create a sound strategy.
Good luck.