Just wondering, when consulting I usually take care that there are appropriate clauses in the contract to make me not liable. But what is the rule for employees, are they automatically insured?
In Germany there is the concept of "Fahrlässig" (negligence) and "severe negligence". Per law you are already liable if you are just negligent, but it is possible to lower it to severe negligence in the contract. That is my understanding anyway (not a lawyer). Usually I also try to kind of weasel out of it by saying the client is responsible for appropriate testing and stuff like that... Overall it is a huge problem, though, especially if the client has a law department. Getting insurance is quite expensive because it's easy to create millions of dollars in damages in IT.
Before court "standard best practices" can become an issue, too. This worries me because I don't agree with all the latest fads in software development. It seems possible that in the future x% test coverage could be required by law, for example. Or even today a client could argue that I didn't adhere to standard best practices if I don't have at least 80% test coverage (or whatever, not sure what a reasonable number would be).
In Germany there is the concept of "Fahrlässig" (negligence) and "severe negligence". Per law you are already liable if you are just negligent, but it is possible to lower it to severe negligence in the contract. That is my understanding anyway (not a lawyer). Usually I also try to kind of weasel out of it by saying the client is responsible for appropriate testing and stuff like that... Overall it is a huge problem, though, especially if the client has a law department. Getting insurance is quite expensive because it's easy to create millions of dollars in damages in IT.
Before court "standard best practices" can become an issue, too. This worries me because I don't agree with all the latest fads in software development. It seems possible that in the future x% test coverage could be required by law, for example. Or even today a client could argue that I didn't adhere to standard best practices if I don't have at least 80% test coverage (or whatever, not sure what a reasonable number would be).