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A company bears full responsibility for its own data. Although this sounds obvious, in practice it often leads to discussions about who actually owns which data.
“Could you please send us all the creation data? We’d like to try something out ourselves!” As a freelancer, I am usually happy to fulfill such requests from my clients.
But it’s important to note: Creation data, for example from Indesign or Photoshop, is the property of the advertising agency and there is no obligation to hand it over. If images subject to licensing are integrated into the layouts, these may not be passed on anyway.
Customers always receive what they have ordered, such as a finished brochure or a complete website. Accordingly, only the finished product is invoiced. (After all, a car mechanic does not hand over his tools after repairing a vehicle).
Similarly, the advertising agency is under no obligation to store customer data securely. If data is lost for any reason, there is no obligation to restore it.
Data loss is always annoying. Therefore, both design freelancers and advertising agencies as well as their clients should have a reliable backup system.
Recommendation: To avoid misunderstandings, it should be set out in writing at the start of the project which data the customer will receive beyond the actual order and how creation files will be stored. As an advertising agency, you can charge a fee for the transfer of (intellectual) property and restrict usage rights.
A corresponding passage in the general terms and conditions can also provide clarity in advance.
This text is not legally binding advice. Feedback and criticism are welcome.
