Your website, but who holds the data?
Many businesses only realize that the website is not truly theirs on the day they want to change providers: the domain is registered under someone else's name, original images are missing, and content cannot be exported.
Businesses should be registered and maintain the highest access rights to five things: the domain name, published content, original images and files, customer data left via forms, and administrative accounts. Rights to design files and code are governed by the contract, so it must clearly state who holds what rights and in what format the data will be returned upon termination. Ask how to export data from the beginning, not wait until parting.
The question "who owns the website" seems obvious until the business wants to change the web service provider. At that point, the domain name is found to be registered under the old design company, product images are only available in compressed form on the site, content cannot be exported, and the highest administrative account is held by someone who has left the company. All of this can be avoided if you ask the right five things before signing.
The year the business must retain
- Domain name: registered in the name of the business, with the domain management account held by the business. This is the hardest asset to recover if registered in someone else's name.
- Published content: articles, pages, products. Must be exportable in common formats, not just viewable on the site.
- Original images and files: original resolution photographs, design files for the interface, branding materials used on the web. The version on the site is often compressed and cannot be reused for printing or creating a new website.
- Customer data left: information filled out through forms, newsletter sign-ups, appointments. This is personal data, and the business is responsible for it according to the law.
- Highest administrative account: at least one account belongs to the business, not linked to a personal email of an employee or the web development unit.
The part that follows the contract
The rights to design files and source code transferred to the business depend on the contract; the Intellectual Property Law only provides default rules, and those rules are difficult to apply to each specific file type. In practice, each unit has different handover methods: some provide the original files, some only provide the running pages, and some retain shared components for multiple clients. There is no wrong way, as long as it is clearly stated before signing.
Three lines should be included in the contract: a list of delivered files and formats; rights accompanying each file type; and how the data will be packaged and returned upon contract termination, including the timeframe.
Questions before signing
- Under whose name is the domain registered, and who manages the account?
- Is the output content available, in what format, and who initiates the export?
- When will the original images and design files be delivered?
- Where is the customer data left stored, for how long, and who can access it?
- Upon termination, what does the web development unit hand over and what do they delete?
Common errors
- Let the web agency register the domain name "for easier renewal."
- Using a monthly rental platform without asking how to transfer content, only to find out later that you have to manually copy each page.
- The only administrative account linked to the email of a former employee.
Decision checklist
Topic: Who owns the content, domain name, and website data. Sinh Vũ handbook, sinhvu.com
Select each item you find appropriate, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 7, 2026. This is not legal advice and does not replace the opinion of a lawyer for your specific case. Rights and obligations between Sinh Vũ and the client only arise according to the signed contract.
References
The 2005 Intellectual Property Law, amended in 2009, 2019, 2022, and 2025 (Law 131/2025/QH15): Article 39 on copyright ownership; Articles 45 to 47 on copyright transfer. The Personal Data Protection Law No. 91/2025/QH15 and Decree 356/2025/ND-CP. The 2023 Telecommunications Law (No. 24/2023/QH15) and Decree 147/2024/ND-CP on the management, provision, and use of Internet services and information online (for the .vn domain). Practical experience in website handover.
Frequently asked questions
Is it okay if the web agency registers the domain name?
It is acceptable to assist with registration, as long as the entity is registered in your business name and you maintain the domain management account. A domain registered in an individual's name or another company poses the greatest risk when wanting to change providers.
What if the contract does not specify the rights to the design files?
The Intellectual Property Law has default rules for works created under contract, but these default rules are difficult to apply to each specific file type. It should be clearly stated in the contract: which files are delivered, what rights accompany them, and if there are any limitations. For specific cases, consult a lawyer.
Who owns the data filled in by customers through the website form?
This is the personal data of the clients themselves. The business is the data controller under the Personal Data Protection Law No. 91/2025/QH15; the web service provider is usually the data processor under the contract, and the contract should clearly state that role.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.