Mobile app privacy agreements
Mobile app privacy agreements to satisfy data protection authorities
Mobile app privacy agreements surveyed in a global study by the Global Privacy Enforcement Network in 2014 revealed that the majority of the mobile app privacy agreements failed to comply with privacy standards. 26 privacy and data protection authorities in 19 countries took part in the study. The UK Information Commissioner’s Office (ICO) (UK data protection authority) also participated.
Inadequate mobile app privacy policies
The study Privacy lapses in mobile app policies revealed that mobile app privacy policies were inadequate. Most of them failed to provide the necessary information to protect end-users. Some of the mobile apps did not provide any kind of policy at all, focusing only on obtaining broad unexplained permissions.
Premium mobile apps
This type of reckless disregard for mobile app privacy policies and data protection authorities may be an acceptable commercial risk for free ad funded mobile applications. It is not acceptable however for reputable service businesses.
Service businesses, such as technology or marketing companies, offering mobile application solutions to reputable enterprises need to give a lot more thought to data protection and privacy. Additionally, reputable enterprise sized clients will want to know what you are doing about privacy compliance.
Compliance
2 issues to consider when drafting mobile application privacy agreements. First, the difference between a data controller and a data processor. Second, transferring of personal data outside the European Economic Area (EEA). This report published by the ICO provides guidance on the difference between a data controller and processor Data protection guidance. Our previous article on international data transfers is a starting point on transfers of personal data outside the EEA International data transfers.
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To book a face to face consultation for legal advice about non-disclosure, non-compete clauses, brand advice and intellectual property strategy, contact a specialist mobile app lawyer (charge rates may apply and may vary).