Background: This code of ethics was inspired by a comment from Kristin Valentine in her interview on the CTRL+CLICK Podcast (August 17, 2017) in which she suggested that the inspiration for a genuine code of ethics for designers and developers might come from the professional ethics code for architects (who are also creative designers and builders). Taking this to heart, we have adapted the AIA's 2017 Code of Ethics and Professional Conduct to use appropriate langauge for designers and developers. We have also incorporated parts of the AIGA Code of Ethics, using this both to adapt the langauge of the AIA code to be more design/development appropriate and to add additional concerns not addressed by the AIA code.
This code is not officially recognized by any governing body/organization for Designers or Developers (yet). Therefore, you are free to (a) suggest changes (b) modify this code to your own purposes, or (c) ignore us entirely. Additionally, because there is no authoritive body to adminsiter this code, we have removed language from the AIA codes that suggested disciplinary measures or actions. This code is essentially a voluntary commitment, not a binding document.
A professional designer or developer adheres to principles of integrity that demonstrate respect for their profession, for colleagues, for clients, for audiences or consumers, and for society as a whole. This Code of Ethics and Professional Conduct states guidelines for the conduct of Designers and Developers in fulfilling those obligations. The Code is arranged in three tiers of statements: Canons, Ethical Standards, and Rules of Conduct:
- Canons are broad principles of conduct.
- Ethical Standards (E.S.) are more specific goals toward which Designers and Developers should aspire in professional performance and behavior.
- Rules of Conduct (Rule) are even more specific guidelines for behavior. Rules of Conduct, in some instances, implement more than one Canon or Ethical Standard.
The Code applies to the professional activities of all classes of Desingers and Developers, wherever they occur. It addresses responsibilities to the public, which the profession serves and enriches; to the clients and users of Design/Development and in the design/software industries, who help to shape our increasingly technological environment; and to the arts and sciences of design and development, that continuum of knowledge and creation which is the heritage and legacy of the profession.
Commentary is provided for some of the Rules of Conduct. That commentary is meant to clarify or elaborate the intent of the rule. The commentary is not part of the Code, it is there to assist those seeking to conform their conduct to the Code.
The following practices are not, in themselves, unethical, unprofessional, or contrary to the Code:
- (1) submitting, at any time, competitive bids or price quotations, including in circumstances where price is the sole or principal consideration in the selection of a designeer or developer;
- (2) providing discounts; or
- (3) providing free services.
Individual designers/developers or design/development firms are free to decide for themselves whether or not to engage in any of these practices. Antitrust law permits designers/developers, their firms, and other associations to which tye belong to advocate legislative or other government policies or actions relating to these practices. Finally, designers and developers should continue to consult with state laws or regulations governing the practice of their profeesions.
Designers and Developers should maintain and advance their knowledge of the arts and sciences of design and development, respect the body of design/development accomplishment, contribute to its growth, thoughtfully consider the social and environmental impact of their professional activities, and exercise learned and uncompromised professional judgment.
Designers and Developers should strive to improve their professional knowledge and skill.
Rule 1.101 In practicing design or development, Designers and Developers shall demonstrate a consistent pattern of reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by designers and developers of good standing practicing in the same locality.
Designers and Developers should continually seek to raise the standards of aesthetic excellence, design/development education, research, training, and practice.
Designers and Developers should respect and help conserve their natural and cultural heritage while striving to improve the technical, cultural, and economic environment and the quality of life within it.
Rule 1.301 Designers and Developers shall strive to be sensitive to cultural values and beliefs and engages in fair and balanced communication design that fosters and encourages mutual understanding.
Designers and Developers should uphold human rights in all their professional endeavors.
Rule 1.401 Designers and Developers shall not discriminate in their professional activities on the basis of race, religion, gender, national origin, age, disability, or sexual orientation.
Rule 1.402 Designer's and Developers shall respect the dignity of all audiences and shall value individual differences even as they avoid depicting or stereotyping people or groups of people in a negative or dehumanizing way.
Designers and Developers should employ their professional knowledge and skill to design products and applicatons that will enhance and facilitate human dignity and the health, safety, and welfare of the individual and the public.
Rule 1.501 Designers and Developers shall take a responsible role in the visual portrayal of people, the consumption of natural resources, and the protection of animals and the environment.
Rule 1.502 Designers and Developers, while engaged in the practice or instruction of design/development, shall not knowingly do or fail to do anything that constitutes a deliberate or reckless disregard for the health and safety of the communities in which he or she lives and practices or the privacy of the individuals and businesses therein.
Designers and Developers should promote allied arts and contribute to the knowledge and capability of the creative industries as a whole.
Designers and Developers should embrace the spirit and letter of the law governing their professional affairs and should promote and serve the public interest in their personal and professional activities.
Designers and Developers should uphold the law in the conduct of their professional activities.
Rule 2.101 Designers and Developers shall not, in the conduct of their professional practice, knowingly violate the law.
Rule 2.102 Designers and Developers shall neither offer nor make any payment or gift to a public official with the intent of influencing the official’s judgment in connection with an existing or prospective project in which the Designer/Developer is interested.
Commentary: This rule does not prohibit campaign contributions made in conformity with applicable campaign financing laws.
Rule 2.103 Designers and Developers serving in a public capacity shall not accept payments or gifts which are intended to influence their judgment.
Rule 2.104 Designers and Developers shall not engage in conduct involving fraud or wanton disregard of the rights of others.
Commentary: This rule addresses serious misconduct whether or not related to a Desinger/Developer's professional practice.
Rule 2.105 If, in the course of their work on a project, the Designer/Developer becomes aware of a decision taken by their employer or client which violates any law or regulation and which will, in the Designer/Developer's judgment, materially affect adversely the safety to the public of the finished project, the Members shall:
- (a) advise their employer or client against the decision,
- (b) refuse to consent to the decision, and
- (c) report the decision to the local official charged with the enforcement of the applicable laws and regulations, unless the Designer/Developer is able to cause the matter to be satisfactorily resolved by other means.
Commentary: This rule extends only to violations of laws that threaten the public safety and are relevant for the particular work of the Designer/Developer. The obligation under this rule applies only to the safety of the finished project, an obligation coextensive with the usual undertaking of a designer/developer.
Rule 2.106 Designers/Developers shall not counsel or assist a client in conduct that the designer/developer knows, or reasonably should know, is fraudulent or illegal.
Rule 2.107 Designers and Developers shall not accept instructions from a client that involve infringement of another person’s property rights without permission, or consciously act in any manner involving any such infringement.
Rule 2.108 A Designer or Developer working in a country other than his or her own shall observe the relevant Code of Conduct of the national society concerned.
Designers and Developers should render public interest professional services, including pro bono services, and encourage their employees to render such services. Pro bono services are those rendered without expecting compensation, including those rendered for indigent persons, after disasters, or in other emergencies.
Designers and Developers should be involved in civic activities as citizens and professionals, and should strive to improve public appreciation and understanding of design/development and the functions and responsibilities of designers and developers.
Rule 2.301 Designers and Developers making public statements on design/development issues shall disclose when they are being compensated for making such statements or when they have an economic interest in the issue.
Rule 2.302 Designers and Developers shall strive to understand and support the principles of free speech, freedom of assembly and access to an open marketplace of ideas, and shall act accordingly.
Designers and Developers should communicate the truth in all situations and at all times.
Rule 2.401 A Designer or Developer's work shall not make false claims nor knowingly misinform.
Rule 2.402 Designers and Developers shall represent messages in a clear manner in all forms of communication and avoid false, misleading and deceptive promotion.
Designers and Developers should serve their clients competently and in a professional manner, should acquaint himself or herself with a client’s business and design standards, and should exercise unprejudiced and unbiased judgment when performing all professional services and should act in the client’s best interest within the limits of professional responsibility.
Designers and Developers should serve their clients in a timely and competent manner.
Rule 3.101 In performing professional services, Designers and Developers shall take into account applicable laws and regulations. Designers and Developers may rely on the advice of other qualified persons as to the intent and meaning of such regulations.
Rule 3.102 Designers and Developers shall undertake to perform professional services only when they, together with those whom they may engage as consultants, are qualified by education, training, or experience in the specific technical areas involved.
Commentary: This rule is meant to ensure that Designers/Developers not undertake projects that are beyond their professional capacity. Members venturing into areas that require expertise they do not possess may obtain that expertise by additional education, training, or through the retention of consultants with the necessary expertise.
Rule 3.103 Designers and Developers shall not materially alter the scope or objectives of a project without the client’s consent.
Rule 3.104 Designers and Developers shall not knowingly make use of goods or services offered by manufacturers, suppliers or contractors that are accompanied by an obligation that is substantively detrimental to the best interests of his or her client, society or the environment.
Rule 3.105 Designers and Developers will clearly outline all intellectual property ownership and usage rights in a project proposal or estimate.
Designers and Developers should avoid conflicts of interest in their professional practices and fully disclose all unavoidable conflicts as they arise.
Rule 3.201 A Designer or Developer shall not render professional services if the Designer/Developer's professional judgment could be affected by responsibilities to another project or person, or by the Designer/Developer’s own interests, unless all those who rely on the Designer/Developer’s judgment consent after full disclosure.
Commentary: This rule is intended to embrace the full range of situations that may present a Designer/Developer with a conflict between his interests or responsibilities and the interest of others. Those who are entitled to disclosure may include a client, owner, employer, contractor, or others who rely on or are affected by the Designer/Developer's professional decisions. A Designer/Developer who cannot appropriately communicate about a conflict directly with an affected person must take steps to ensure that disclosure is made by other means.
Rule 3.202 When acting by agreement of the parties as the independent interpreter of contract documents and the judge of contract performance, Designers and Developers shall render decisions impartially.
Commentary: This rule applies when the Designer/Developer, though paid by the owner and owing the owner loyalty, is nonetheless required to act with impartiality in fulfilling the designer/developer’s professional responsibilities.
Designers and Developers should be candid and truthful in their professional communications and keep their clients reasonably informed about the clients’ projects.
Rule 3.301 Designers and Developers shall not intentionally or recklessly mislead existing or prospective clients about the results that can be achieved through the use of the Designer/Developer’ services, nor shall the Designer/Developer state that they can achieve results by means that violate applicable law or this Code.
Commentary: This rule is meant to preclude dishonest, reckless, or illegal representations by a Designer/Developer either in the course of soliciting a client or during performance.
Designers and Developers should safeguard the trust placed in them by their clients.
Rule 3.401 Designers and Developers shall not knowingly disclose information that would adversely affect their client or that they have been asked to maintain in confidence, except as otherwise allowed or required by this Code or applicable law.
Commentary: To encourage the full and open exchange of information necessary for a successful professional relationship, Designers/Developers must recognize and respect the sensitive nature of confidential client communications. Because the law does not recognize a desinger/developer-client privilege, however, the rule permits a Desinger/Developer to reveal a confidence when a failure to do so would be unlawful or contrary to another ethical duty imposed by this Code.
Rule 3.402 Designers and Developers shall treat all work in progress prior to the completion of a project and all knowledge of a client’s intentions, production methods and business organization as confidential and shall not divulge such information in any manner whatsoever without the consent of the client.
Rule 3.403 It is a designer/developer's responsibility to ensure that all staff members respect the confidentiality expected under these guidelines.
Designers and Developers should work only for a fee, a royalty, salary or other agreed-upon form of compensation.
Rule 3.501 A Designer or Developer shall provide the client with a working agreement or estimate for all projects.
Rule 3.502 A Designer or Developer shall not incur any expenses in excess of the budget without the client’s advance approval.
Rule 3.503 A Designer or Developer shall make clients aware of any markups to expenses.
Commentary: A reasonable handling and administration charge may be added, with the knowledge and understanding of the client, as a percentage to all reimbursable items, billable to a client, that pass through the designer/developer’s account.
Rule 3.504 Designers and Developers shall not undertake speculative work or proposals (spec work) in which a client requests work without providing compensation and without developing a professional relationship that permits the designer/developer sufficient access to the client to provide a responsible recommendation.
Rule 3.505 Designers and Developers shall not retain any kickbacks, hidden discounts, commission, allowances or payment in kind from contractors or suppliers.
Rule 3.506 A Designer or Developer who has a financial interest in any suppliers who may benefit from a recommendation made by the designer/developer in the course of a project shall inform the client or employer of this fact in advance of the recommendation.
Rule 3.507 A Designer or Developer who is asked to advise on the selection of designers/developers or consultant shall not base such advice on the receipt of payment from the designer, developer, or consultants recommended.
Designers and Develoers should uphold the integrity and dignity of the profession.
Designers and Developers should pursue their professional activities with honesty and fairness.
Rule 4.101 Desigers and Developers shall not certify or ship, specifications, reports, code, designs or other professional work for which they do not have responsible control.
Commentary: Responsible control means the degree of knowledge and supervision ordinarily required by the professional standard of care. With respect to the work of consultants, Designers/Developers may certify or ship such work if they have reviewed it, coordinated its preparation, or intend to be responsible for its adequacy.
Rule 4.103 Designers and Developers speaking in their professional capacity shall not knowingly make false statements of material fact.
Commentary: This rule applies to statements in all professional contexts, including job interviews, conversations with clients, and public presentations.
Designers and Developers should strive, through their actions, to promote the dignity and integrity of the profession, and to ensure that their representatives and employees conform their conduct to this Code.
Rule 4.201 Designers and Developers shall not make misleading, deceptive, or false statements or claims about their professional qualifications, experience, or performance and shall accurately state the scope and nature of their responsibilities in connection with work for which they are claiming credit.
Commentary: This rule is meant to prevent Designers/Developers from claiming or implying credit for work which they did not do, misleading others, and denying other participants in a project their proper share of credit. When not the sole author of a work, it is incumbent upon a designer/developer to clearly identify his or her specific responsibilities or involvement with the work. Examples of such work may not be used for publicity, display or portfolio samples without clear identification of precise areas of authorship.
Rule 4.202 Designers and Developers shall make reasonable efforts to ensure that those over whom they have supervisory authority conform their conduct to this Code.
Commentary: What constitutes “reasonable efforts” under this rule is a common sense matter. As it makes sense to ensure that those over whom the designer/developer exercises supervision be made generally aware of the Code, it can also make sense to bring a particular provision to the attention of a particular employee when a situation is present which might give rise to violation.
Designers and Developers should respect the rights and acknowledge the professional aspirations and contributions of their colleagues.
Designers and Developers should provide their associates and employees with a suitable working environment, compensate them fairly, and facilitate their professional development.
Designers and Developers should recognize and fulfill their obligation to nurture fellow professionals as they progress through all stages of their career, beginning with education, progressing through internship and continuing throughout their career.
Rule 5.201 Designers and Developers who have agreed to work with individuals engaged in an internship program shall reasonably assist in proper and timely documentation in accordance with that program.
Designers and Developers should build their professional reputation on the merits of their own service and performance and should recognize and give credit to others for the professional work they have performed.
Rule 5.301 Designers and Developers shall recognize and respect the professional contributions of their employees, employers, professional colleagues, and business associates.
Rule 5.302 Designers and Developers leaving a firm shall not, without the permission of their employer or partner, take designs, code, data, reports, notes, or other materials relating to the firm’s work, whether or not performed by the Designer/Developer.
Rule 5.303 A Designer/Developer shall not unreasonably withhold permission from a departing employee or partner to take copies of designs, code, data, reports, notes, or other materials relating to work performed by the employee or partner that are not confidential.
Commentary: A Member may impose reasonable conditions, such as the payment of copying costs, on the right of departing persons to take copies of their work.
Rule 5.304 Designers and Developers shall be objective and balanced in criticizing another designer/developer's work and shall not denigrate the work or reputation of a fellow designer/developer.
Designers and Developers in pursuit of business opportunities should support fair and open competition.
Rule 5.401 Designers and Developers shall not knowingly accept any professional assignment on which another designer/developer has been or is working without notifying the other designer/developer or until he or she is satisfied that any previous appointments have been properly terminated and that all materials relevant to the continuation of the project are the clear property of the client.
Rule 5.402 Designers and Developers must not attempt, directly or indirectly, to supplant or compete with another designer by means of unethical inducements.
Designers and Developers should promote sustainable design and development principles in their professional activities.
In performing design work, Designers and Developers should be environmentally responsible and advocate sustainable technology.
In performing professional services, Designers and Developers should advocate the design, implementation, and operation of sustainable technology which facilitates healthy communities.
Designers and Developers should use sustainable practices within their firms and professional organizations, and they should encourage their clients to do the same.