Escrow Spain

Public Administration includes in the clauses of their contract documents published in the Contractor's Profile (Perfil del Contratante), terms such as: "The results of the work, both software and all related documentation, will become intellectual property  of  the Contracting Agency ..."

Also are included terms like: "The developer must ensure the transfer of intellectual property of products or third party applications included in the resulting software and of related documentation ..."

In conclusion, the Public Administration pursues intellectual protection of the investment made on the acquired technological solutionsf; however, access and verification of source code is one of the elements which should ensure, to have access to it and being able to distribute under open source criteria.

"The Proposal of recommendations to the General State Administration on the use of free software and open source" makes a set of recommendations that seek to optimize the procurement, development, maintenance and operation of software as well as freedom of choice, investment protection, control of price/performance and interoperability, while ensuring the technological independence of the administration against individual suppliers... "

Our understanding of the situation in the regulatory framework for Public Administration, helps to provide access to source code by the contracting entity using a guaranteed notarial deposit made by the developer, specifying at the same time the transmission of intellectual property rights through a public document.