Developing An Android Application While Dealing With Legal Technicalities That Come Along With It!
If you have a mobile app concept that you wish to transform into a reality, you probably have some questions about how to make the app successful or more user-friendly from a technical perspective. But why, at this juncture, should the legal repercussions of applications be taken into account?
Well, this blog is here to answer your question.
Most importantly, every level of app development comprises legal considerations that, for your own safety, you should look into starting now. The five most significant legal problems related to the app development process will be fully addressed in this blog.
1. Independent Contractor Agreement:
You need to sign an Independent Contractor Agreement with the software house of your preference before beginning the development of your mobile app or web app.
Furthermore, it is beneficial to think of the agreement as a compass directing us throughout the course of the collaboration, particularly when there are concerns or disagreements. For this reason, it is a good idea to outline the terms of this partnership in the contract. For instance, working in an Agile approach is a business standard that should be included in the agreement.
To Summarize :
i)Describe the process of collaboration: You can avoid misaligning expectations by discussing the details of the partnership during the negotiating stage. In the agreement, include the methods, you will employ for organizing meetings, procedures for communication, and tools you will utilize.ii)Force majeure: Remember to incorporate the force majeure clause in the contract in case of an unexpected pandemic crisis as well as any unpredictable political or economic developments. This provision will provide you with the opportunity to lessen the adverse effects under the agreement if you are affected negatively by any repercussions of any uncontrollable events. As with many customary clauses in such agreements, the force majeure clause is usually mutually binding.iii)Exit strategy: It is beneficial for both parties to have an exit strategy in the event that the partnership ends sooner than anticipated. Additionally, if the sides consent, information concerning the transfer of the existing code, payment deadlines, and any contractual fines for involuntary termination of cooperation should be included.
2. Non-Disclosure Agreement [NDA]:
A non-disclosure agreement, or NDA, is a contract in which the parties formally agree to keep specific information private. Such agreements are ALWAYS encouraged to be signed by our customers PRIOR to beginning any commercial talks. Why? Let’s know about it.
It is one of the few ways to safeguard the idea behind your goods. NDAs may be agreed upon by several parties. If the business you’ve entered into a contract with violates its terms, you can efficiently preserve your rights with a well-drafted confidentiality agreement.
Why should we be concerned about such an agreement?
- A firm description of sensitive information
It is a good idea for the parties to very specifically establish what they mean by “confidential information” before signing a contract. Most importantly, it should contain all the relevant information about your business:
-financial data,
-know-how,
-Show-how,
-operating,
-marketing,
-or trade data.
It is also important to include a provision defining “private information” as any information we have shared with the other party during business negotiations.
i)Commitments due by opposing parties: The responsibilities of the other party must be clearly stated. They should, among other things, contain a clause requiring the other party to keep all acquired confidential information confidential and a clause mandating that the other party will only disclose information to its employees when absolutely necessary while also requiring those employees to keep the information confidential.ii)Choice of laws: Make sure to identify the jurisdiction controlling the deal before signing an NDA with a software firm so that it is in your interest.iii)Penalties under contracts: The NDA loses a lot of its significance if there are no contractual repercussions for breaching the confidentiality agreement. What kinds of sanctions are possible? For instance, a particular figure of money for each infringement of the confidentiality agreement and, additionally, a specific amount as compensation for lost income or harm to your career and reputation.iv)Term: Typically, NDAs last for 2, 3, or 5 years. Your decision will rely on how valuable the data is that you wish to keep private. For certain types of information, after two years, it can lose its usefulness; for others, it can do so after five.v)The obligation to provide information back: Consider the possibility that, following commercial negotiations, we do not want to continue working with a certain party as a measure. We need to add a return or delete private material after the commercial discussions are completed in the agreement to account for these situations.
3. Privacy Policy and Data Protection:
You might be getting a question in your mind which goes something like this: What legal standards regarding the protection of personal data must one adhere to?
Here’s the answer:
One of your essential legal tasks is to protect the confidentiality of processing users’ personal data. The particular requirements vary depending on where your software is distributed. For instance, if you want your app to be accessible to users in Europe, you must comply with the GDPR’s legal requirements for applications. Additionally, if you want users in the USA under the age of 13 to download your app, you must do so in compliance with the Children’s Online Privacy Protection Act.
The specifications also change based on what your application accomplishes. Higher standards for data privacy apply to some industries, such as the medical field (HIPAA). The safest course of action is to leave it to the lawyer participating in the app development process because there are so many legal acts that regulate the concerns of processing personal information in applications. Technically speaking, data must also be well safeguarded. Problems like data leaks are your responsibility as the product owner. Because of this, picking a business that ensures technological data protection is worthwhile.
To make your application appealing to data-conscious consumers, it is a good idea to fully meet the requirements of personal data processing.
How can the duties of processing personal data be fully addressed?
Only gather a certain quantity of information: Only request information from users that is absolutely essential for the software to function.Use user data only for the reasons for which it was acquired. For instance, if you gather a user’s information to register their account, do not use that information for marketing until you have that user’s separate authorization.Make careful you restrict access to data: Make sure that data can only be accessed by those who have permission to do so and that such access is required for the software to run properly.Be mindful of data subjects’ rights: Give people a sense of security about their data and a sense that their rights are being upheld.Be attentive to communication: The owner of the application is required by many legal provisions governing the protection of personal data to keep records pertaining to such protection. Such documentation should be started as soon as the application is being designed. This also holds true for presenting consumers with a privacy policy that is brief and explicit about how the application handles their data.
4. Terms And Conditions:
Which nation you want to distribute your application to consumers will have a significant impact on the Terms & Conditions of your application. For instance, several legal statutes in European nations mandate that the contents of Terms & Conditions have certain wording and legal considerations. This applies to the most recent rules on online intermediary services (which apply throughout the European Union). Most importantly, keep in mind to clarify:
Condition of service provision: Specify what your application accomplishes in the Terms & Conditions, the requirements for registration (such as age restrictions) and account deletion, as well as the conclusion and termination dates of the agreement between you and the user. Along with the suspension and blocking of user accounts, it is important to include any technical prerequisites or guidelines for safe application use.Defining Controller: It is always a good practice to add basic details of your company/organization in the terms and conditionsEnd-User License Agreement: When you create an Application, You provide consumers with access to the application under a license. Describe the terms of this licensing agreement in Terms & Conditions.Restrictions on liability: A suitable place to specify the extent of your obligation to users is in the Terms & Conditions. An ordinary user should be able to easily grasp the language used in this manual. Clauses in the fine print serve no purpose. It won’t boost user confidence and could be against various laws governing the legality of disclosing to app users the terms and conditions of use.
5. App Store Requirements:
Additionally, and most importantly, your mobile app must abide by all rules for app publishing established by Google and Apple’s guidelines. These prioritize protecting personal data, such as health information and information gathered from minors, as well as intellectual property concerns pertaining to your mobile device.
