Top 8 Mobile App Development Legal Issues You Need to Know 

Having a brilliant idea for a mobile app is one of the best feelings in the world. 

You’re immediately excited and talking to a mobile app development company to help you execute your idea. 

But did you know that coding and building out the app isn’t the first thing you should do? 

That’s right! 

If you would love for your app actually to enter the market and scale for a long time, there are a number of mobile app development legal issues you need to consider before writing a line of code. 

In this article, we discuss 8 of these mobile app development issues and highlight some mobile app compliance and regulations you should comply with to ensure you have a legal app. 

Without further ado, let’s jump right in. 

Legal Issues in Software Development: Key Concerns

The following are 8 mobile app development legal issues you need to consider when building an app:

1. Intellectual Property Rights

Intellectual property means any unique creation of the brilliant minds behind your mobile app. We’re talking about everything from the app’s design, source code, content, and logo. Basically, every single piece of intangible asset that was used in the app development process. If you’re serious about being a major player in the mobile app business, you must understand how intellectual property rights can stay profitable and out of trouble. 

Intellectual property rights are governed by well-detailed regulations that legal professionals best handle. However, the summary of your focus is to ensure that others do not steal your unique ideas and that you also don’t steal the ideas of other people. 

Sometimes, you may genuinely think the idea you’re implementing is 100% yours, whereas someone else somewhere might have previously created something similar. That’s why it is important to register all the elements of your mobile app as trademarks, copyrights, and patents. Doing this helps you find out early if any part of your work is infringing on another party’s intellectual property rights. Conversely, it also protects your mobile app against possible future infringements if your work is well and truly unique. 

And in situations where some parts of your work are mimicking other people’s mobile apps, you need to obtain appropriate licenses and authorizations to use such assets. There are plenty of legal issues regarding intellectual property rights regarding mobile app development. The key thing here is ensuring that you don’t just launch an app without running the appropriate checks. You may be opening your brand up to serious legal problems. 

2. Acceptable Advertising and Marketing Practices

On the topic of being profitable, many mobile app developers and companies use deceptive marketing practices just to get users to download their apps. These include posting fake reviews, fake endorsements, exaggerating app features, benefits, functionalities, and many more. The simple tip here is don’t use fake marketing practices. 

While it may help your app get some quick downloads in the early stages, word gets around fast, and your app will eventually get a bad reputation in the long run. However, if the right authorities get wind of this, a bad reputation may be the least of your worries, as they often crack down hard on such mobile apps by either placing huge fines on the mobile app developers or even slapping them with criminal charges. 

Therefore, before generating awareness about your mobile app, you must be aware of the vital general marketing laws, copyright regulations, and other platform-specific guidelines. More importantly, you must comply with these regulations. Some vital ones to keep in mind when advertising and marketing your mobile app include: 

• The Telephone Consumer Protection Act (TCPA) 
• The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM) 
• Apple Search Ads Policies
• App Store Review Guidelines
• Children’s Online Privacy Protection Act (COPPA)

Furthermore, ensure you only communicate the true and substantiated app features and benefits. Maintaining transparency communicates the idea that your mobile app is genuine and trustworthy. For instance, if your mobile app intends to monetize through advertisements (as many apps currently do), it is important to inform viewers about this

3. Privacy and Data Protection Requirements

Most mobile apps collect important user data from their mobile devices and access the user’s contacts, cameras, locations, and other information. Some apps also collect the user’s credit card information, mobile phone numbers, social security numbers (SSNs), and biometric information. 

Usually, the average user isn’t aware of this collection process. As such, we’ve seen many companies using this highly personal information for malicious purposes without the user’s intent. 

In response, government organizations and other regulatory bodies have implemented important guidelines and frameworks guiding the way every mobile app developer or company handles and utilizes their users’ data. Some of these data protection guidelines include:  

• The US Health Insurance Portability and Accountability Act (HIPAA)
• General Data Protection Regulation (GDPR) 
• The California Consumer Privacy Act (CCPA)  

While each regulation has unique and intricate details, they all generally focus on mandating the app company to explain how it will collect, store, and utilize user data. Most importantly, they mandate that the mobile app company inform the user about anything it will do with their data and give the user the right to opt in or out of such processes.  

You must ensure that all aspects of your app are built with permissions and privacy in mind. You must also seek explicit permission from the users before doing anything that has to do with data access or collection. Users must also have a clear way to revoke that permission if they feel like doing so. 

4. App Store Guidelines

Both the Apple App Store and Google Play Store have different mobile app terms and conditions that allow app developers to upload their apps to their platforms. You’ll need to provide some vital details about your mobile app to help either platform profile your app accordingly. Both app stores are particular about the security, quality, and usability of the apps they’re exposing their users to. Therefore, they implement essential frameworks that guide the app approval process and, by extension, the app’s user reception and overall success. 

They mandate technical requirements such as operating system compliance, performance benchmarks, and robust security measures. They also have strict content policies that ensure the app’s content is appropriate for public consumption. 

More importantly, both platforms regularly update these policies to cope with the changing demands of the mobile app market. Therefore, mobile app developers and companies must regularly review these policies and integrate the requirement guidelines into the app development process from the outset. Additionally, it is also advisable to leverage automation tools to spot compliance issues like security vulnerabilities and performance bottlenecks that could hinder the app’s compliance with the guidelines. 

Failure to comply with these guidelines could lead to mobile app development legal issues like the mobile app’s removal from the app stores, away from public reach, and that’s never a good look. 

5. Terms of Service and End User License Agreements

We’ve all had to click on “I Agree” or “I Consent” to lengthy documents before we can use an app. Although those documents may seem inconsequential because we’ve probably consented to many of them, they play a crucial role in defining and protecting the rights of both app development companies and end users. 

The Terms of Service (ToS) represent the legal agreements between service providers and service consumers. They clearly show whether the user agrees to the conditions associated with using the app, as stated by the company. In addition, they also clarify both the responsibilities of the users and the liabilities of the app provider while using the app. Other important details present in the terms of service include the intellectual property rights and specific conditions under which such agreements can be terminated. 

On the other hand, End User License Agreements, also called software licenses, are formal contracts between the software or mobile app provider and the customer or end user. It is simply a legal document granting an end user the authority and legal right to use the app after paying for (or downloading) the app. Consequently, EULAs often state the specific developer-mandated requirements for using the app in plain language. It also requires the end user to accept legal liability for any damage they may suffer when using the app. This is one of the most crucial reasons for prioritizing EULAs, as it protects the app development company from legal problems in situations where the end-user experiences some damage when using the app. This document clearly outlines the following: 

• License agreements 
• Limitations of liability
• Usage limitations
• Maintenance and updates
• Disclaimer of Warranties 

Sometimes, a mobile app development company might need either a Terms of Service, an End User License Agreement, or a combination of both for their mobile app. It is important to thoroughly consider the app’s scope to identify which one is most appropriate and make the best choice before launching any app. 

6. Confidentiality or Non-Disclosure Agreements (NDA) 

The moment you start sharing your business’ business information or mobile app ideas with a third party, such as an app development company, it is important to make sure they sign confidentiality or non-disclosure agreements (NDAs.) These legally binding agreements state the conditions under which a business shares confidential information with both the app developer and the end user. More specifically, confidentiality or non-disclosure agreements specify that the receiving party (users and app development company) is legally obligated not to share the content and ideology of the app in question with other members of the public. 

It’s important to have this legal arrangement in place before you even start building anything to protect your intellectual property from being copied by others. Many times, your unique idea is what gives you a competitive edge in the market, and it’s important to maintain that edge by making sure no one copies that idea or takes it to the market before you do. 

Therefore, you must prepare that NDA before you even talk to the app development company, investors, or even employees. Basically, everyone who’ll be working on the mobile app idea should sign the NDA before you let them in on the unmatched features or unique ideas of your mobile app. 

7. App Jurisdictions and International Law Compliance 

This consideration applies to mobile apps that are intended to launch internationally and attract users across different countries. To ensure smooth sailing, you can’t just assume that you’ve met all requirements when you’ve only complied with regulations in your home country. You must also seek legal advice from local experts on the guidelines and regulations in every country in which your product is expected to be launched. 

These compliance checks encompass all the considerations we’ve been discussing since. We’re talking about varying advertising and marketing practices, data protection regulations, intellectual property claims, software licensing laws, and consumer protection regulations. These regulations may vary slightly across countries, so it is important to run vital checks before you go all out. 

While some regions like Europe have some general guidelines cutting across different regions due to the influence of the European Union (EU), it is still advisable to run thorough due diligence to ensure that you aren’t caught out. For instance, the EU has mandated all organizations to abide by the General Data Protection Regulation (GDPR) for all European countries. Nonetheless, the State of California still has the California Consumer Privacy Act (CCPA), still gives people more data protection rights. Therefore, you have to consider both these regulations if you aim to launch your mobile app in both regions. 

8. Accessibility and Equality Compliance 

It’s not enough to have an app with awesome concepts and features. Your apps must also be usable and easily accessible to all categories of users regardless of race, color, gender, physical disabilities, social, political, or religious status. Failure to ensure this may lead to legal challenges and even reputational damages. 

Regulatory bodies around the world have repeatedly prioritized inclusivity and equal access as important ideologies that must be baked into the app development process. As such, there are clear expectations to create applications that are usable by all populations and people with varying abilities. 

Furthermore, the increasing integration of AI technologies into mobile app development has prompted the introduction of AI-related regulations. Therefore, ethical AI practices must also be prioritized when developing mobile applications and introducing AI features. 

In general, ensure your app development process prioritizes inclusivity and accessibility. This can be done by using inclusive design principles like seamless keyboard navigation, descriptive alternative texts, and multi-screen compatibility. Furthermore, adhere strictly to the different compliance regulations across different niches, such as finance (e.g., GDPR, CCPA, and PCI DSS), healthcare (e.g., HIPAA), e-commerce (e.g., FTC Act), and many more. 

Conclusion

From a business perspective, the mobile app development business is surrounded by complex legal considerations, including intellectual property rights, data protection, privacy laws, accessibility, and many more. Basically, it takes more than just a “genius idea” to launch a successful mobile app and stay on the right side of the law. 

However, maintaining a legally-vigilant approach to the app development process might just do the trick. The only issue here is that it might be difficult for a business to handle the business side of things, come up with genius concepts for the mobile app, and still handle the associated mobile app development legal issues.  

However, with the help of an expert mobile app development company, everything becomes less stressful. Having been in the app development business for a while, we at Debut Infotech know how to navigate this rough legal terrain and help you launch a compliant mobile app. 

Get in touch today! 

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