Custom Software in Spain: Who owns your technology?

When a company decides to invest in the development of a custom application or software tool, it often assumes that by paying for the project, it automatically becomes the owner of everything. However, within the Spanish legal framework, the reality is more complex and can lead to critical problems if the provider disappears or stops providing service.

Below, we analyze the legal aspects of software ownership and how work models like In-sourcing from Natiboo ensure the continuity of your business.

1. The legal framework: What does the Intellectual Property Law (LPI) say?

In Spain, software (technically referred to as "computer program") is protected by the Intellectual Property Law (LPI) from the moment of its creation. The law distinguishes two main scenarios depending on who develops the code:

• Software developed by employees (Salaried): If a worker creates a program in the course of their duties, the law establishes a presumption of exclusive assignment of exploitation rights to the employer, unless otherwise agreed.
• Software developed by commission (External providers): In this case, there is no legal presumption of assignment. Ownership will depend solely on what is signed in the commercial contract. If the contract does not specify the terms of the assignment, the law limits the assigned rights by default to a maximum of five years and to the territorial scope of the country where the delivery took place.

2. The danger of the "Black Box" and the disappearance of the provider

One of the most serious risks for a company is receiving software as a closed solution. If the original provider disappears or goes bankrupt after a few years, and you need to make modifications or correct errors, you face two problems:

1. Legal Barrier: If the assignment of modification rights was not agreed upon, any changes to the software by a third party could infringe on the intellectual property of the original developer.
2. Technical Barrier: Without access to the source code and adequate documentation, it is virtually impossible for another technical team to evolve the tool.

3. Natiboo's solution: Independence and Control

In response to the vulnerability created by traditional outsourcing, Natiboo advocates for a technology designed to evolve. The approach focuses on preventing the client from becoming a "hostage" of their technology partner by:

• In-sourcing and Governance: Unlike the black box model, In-sourcing involves working "shoulder to shoulder" with your internal team. This ensures that technical knowledge is not an exclusive property of the provider, but flows to the client company. As stated earlier, intellectual property remains in-house.
• Technological Independence: Natiboo bets on the use of open technologies and standards. This guarantees that, if the professional relationship ends, your company retains autonomy and control over data governance and the tool.
• Real Technical Transfer: Our methodology includes constant documentation and technological transfer. This means that you not only receive a product but also the "keys" and the necessary manual for any other senior team to continue the work in the future.

Protect your technology for tomorrow today

A technology must be designed to evolve and grow over time. To ensure that a technological implementation does not become a burden, it is essential that custom software contracts clearly specify the assignment of exploitation rights without time limit and the mandatory delivery of the source code.

Natiboo proposes diagnosing not only the immediate technical need but also ensuring the long-term health of the business through criteria, real collaboration, and, above all, the guarantee that you will always own your own technological future.

Are you thinking about making a technological leap and want to do it with a safety net? Make sure that the software created specifically for you is truly your property. If you have doubts, talk to us.