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The short version
- Get a signed, written assignment of the code. Do not assume paying for it means you own it.
- If the team will touch customer data, you need a legal safeguard, and India is not on the EU's adequacy list.
- Collect the right tax form and ask your accountant how to treat the payments.
- Plan your meetings around the real time-zone overlap, and give the team only the access it needs.
Who owns the code
Imagine a physiotherapy chain in Texas pays a studio abroad to build a booking app. The invoices are paid and the app works. A year later the studio is sold, and the new owners say the code belongs to them. This is the story behind many "horror stories", and it is avoidable.
Here is what the official texts say:
- US law. Under 17 U.S. Code section 201, copyright vests initially in the author. Section 204 says a transfer of ownership is not valid unless it is in writing and signed by the owner of the rights being given up.
- "Work made for hire" is narrower than people think. Section 101 defines it as work by an employee within the scope of their job, or a specially commissioned work that falls into one of nine listed categories and is covered by a signed written agreement saying so. Custom software written by an independent contractor generally does not sit neatly in those categories, so the safe route is a written assignment.
- UK law. The Copyright, Designs and Patents Act 1988 makes the employer first owner only where the work is made by an employee in the course of employment. An assignment of copyright must be in writing signed by or on behalf of the person assigning it.
Plain rule of thumb: your contract should say, in so many words, that when you pay, the rights in the finished work are assigned to you. Make sure it separates the supplier's own tools from what is built for you. The UK government's IP guidance makes the same point: contracts need to set out who owns any new IP, and "background" work created before or independently is usually owned by its creator.
Customer data
The simplest way to stay safe is to keep personal data away from the team: build and test with made-up data. If real customer data must be used, the rules depend on where your customers are.
- EU customers. The European Commission publishes a list of countries it has found to offer an adequate level of protection. India is not on it. The Commission's Standard Contractual Clauses are ready-made model contracts that businesses can use as a safeguard when personal data goes to a country without an adequacy decision. Use them together with a data processing agreement.
- UK customers. The Information Commissioner's Office provides its own International Data Transfer Agreement and an Addendum that attaches to the EU clauses. It says the EU clauses are not valid on their own for UK transfers. A transfer risk assessment is also needed.
- US customers. There is no single federal rule like the GDPR, but many states have privacy laws and many industries, such as health, have their own. Ask your lawyer.
The EU-US Data Privacy Framework is a different arrangement. It covers certified US companies. It does not help with a team in India.
Check the date: the ICO says it plans to update its IDTA and Addendum during 2026. Download the current versions from the ICO page, not an old copy from a template site.
Payments and tax
This section is a map, not advice. Show it to your accountant.
- US buyers: collect Form W-8BENThe IRS says a foreign individual gives the payer a Form W-8BEN to certify their foreign status for withholding and reporting. Entities use a related form.
- US buyers: know the general ruleThe IRS says foreign-source income paid to a nonresident alien is normally not subject to US tax under chapter 3 or 4, and normally need not be reported on an information return. Work done inside the US is treated differently.
- UK buyers: the reverse chargeHMRC says that when a UK business buys services from outside the UK, the reverse charge applies. You work out the VAT and show it on your VAT return as if you had supplied the services yourself, so there is usually nothing extra to pay.
- EU buyers: the customer accounts for VATThe European Commission explains that for business-to-business services the place of taxation is where the customer is established. National tax authorities set out the details.
- Verify the supplierFor an Indian company, the GST portal's Search Taxpayer tool shows whether a GSTIN is registered, the legal and trade name, the principal place of business and the status. It proves existence, not skill.
Time zones
India Standard Time is UTC+5:30, and India does not change its clocks for the seasons. Your own clocks do, so the gap moves during the year. We calculated the overlap for a 9am to 6pm working day on both sides:
| Your location | India is ahead by | Overlap in a 9 to 6 day |
|---|---|---|
| US East (winter / summer) | 10.5 h / 9.5 h | None |
| US West (winter / summer) | 13.5 h / 12.5 h | None |
| UK (winter / summer) | 5.5 h / 4.5 h | 3.5 h / 4.5 h |
| Germany and central Europe (winter / summer) | 4.5 h / 3.5 h | 4.5 h / 5.5 h |
Clock changes happen on different dates in different places. In 2026 the US moved on 8 March and goes back on 1 November, while the UK goes back on 25 October. For a few weeks the gaps are an hour different from the usual figures.
What this means in practice:
- With the UK and central Europe you get a solid half-day of shared time. Hold meetings in your morning.
- With the US you have no shared hours unless someone moves. A common fix: the India team works late. For example, 6:30pm India time is 9am in New York during summer time.
- Work asynchronously either way. Written briefs, recorded demos and a daily written update beat late-night calls.
The contract
Any lawyer will tailor a contract to you. These are the clauses to make sure it contains:
- IP assignmentSigned and in writing, as in section 1.
- Background versus new IPWhat the supplier brings to the project and what is created for you, with a licence for anything you need but do not own.
- Acceptance criteriaWritten tests for "done": what the work must do, how you will check it and how long you have to report problems.
- ConfidentialityWho may see your information and what happens to it at the end.
- Data processing termsIf personal data is involved, a data processing agreement and the transfer clauses from section 2.
- HandoverSource code, documentation, accounts and a transition period if you part ways.
- Payment milestonesTie payments to delivered, accepted work, not just to calendar dates.
- Exit and disputesNotice period, which country's law applies and how disagreements are handled.
Safe access
Giving an outside team access to your systems is a security decision, however much you trust them. The official guidance is consistent:
- Understand who has access. The UK's National Cyber Security Centre says a vulnerable supply chain can cause damage and disruption. Its guidance sets out 12 principles for oversight, and the NCSC's own survey found very few UK businesses set minimum security standards for their suppliers.
- Give the least access needed. NIST defines least privilege as granting each entity only the minimum system resources it needs for its function.
- Verify third-party connections and use multifactor authentication. CISA advises checking whether integrators, vendors or other third parties have remote access to your systems, using a monitored jump host and enforcing multifactor authentication where possible.
In practice: create individual accounts for each person, never share one password, turn on two-step sign-in, work on a staging copy rather than your live system, review access when people join and leave, and keep a record of who has what.
When you are ready to compare suppliers, our guide to building a business website has a list of questions to ask first.
Related guideBuilding a website? Decide these 5 things first.What to decide, who to hire and what to ask before you sign.Questions people ask
Do I automatically own software that an overseas contractor writes for me?
Not necessarily. In US law, copyright vests initially in the author, and a transfer of ownership is not valid unless it is in writing and signed. In the UK, an assignment of copyright must also be in a signed written document, and an employer is automatically first owner only for employees. So get a written, signed assignment of the code. Ask a lawyer to draft it.
Can I send EU customer data to a developer in India?
Only with a legal safeguard. The European Commission's list of countries with an adequacy decision does not include India, so you would normally rely on a tool such as the Commission's Standard Contractual Clauses, plus a data processing agreement. If you only need developers to test on fake data, you avoid the issue altogether.
What tax form should I ask an overseas freelancer for?
In the US, the IRS says a foreign person gives the payer Form W-8BEN (individuals) to certify foreign status. The IRS also says foreign-source income paid to a nonresident alien is normally not subject to US tax under chapters 3 or 4. Entities use a related form. Ask your accountant, because rules differ if the work is done inside the US.
How much do working hours overlap between India and the US?
Very little. India Standard Time is UTC+5:30 and does not change with the seasons. With a 9 to 6 day on both sides, there is no overlap with US East or West Coast hours. Teams solve it by shifting one side's hours or by working asynchronously. With the UK and central Europe the overlap is about 3.5 to 5.5 hours.
How do I check an Indian company is real?
India's GST portal has a free Search Taxpayer tool that shows whether a GSTIN is registered, the legal and trade name, the principal place of business and the registration status. India's company registry also publishes company master data. These checks show that a business exists. They do not show it can deliver, so also ask for references.
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- 17 U.S. Code chapter 2: copyright ownership and transfer (sections 201 and 204)
- 17 U.S. Code chapter 1: definitions, including work made for hire (section 101)
- Circular 30: Works made for hire
- Copyright, Designs and Patents Act 1988, section 11: first ownership of copyright
- Copyright, Designs and Patents Act 1988, section 90: assignment and licences
- Standard Contractual Clauses (SCC)
- Adequacy decisions
- What are standard data protection clauses? The UK IDTA and the Addendum
- About Form W-8 BEN
- Foreign-source income paid to a foreign person: Form 1042-S reporting not required
- VAT on services from abroad
- Place of taxation for VAT
- Search Taxpayer user manual
- Intellectual Property Rights guidance note, Digital, Data and Technology Playbook
- Supply chain security guidance
- Internet exposure reduction
- Least privilege (glossary, from NIST SP 800-53)
- When do the clocks change?
- Daylight saving time
This guide is general information, not legal, tax or data protection advice. The law differs by country and changes. Ask a lawyer to draft your contract and an accountant to confirm tax treatment. Time-overlap figures are our own calculation for a 9am to 6pm day.


