How to Avoid Legal Issues in Mobile App Development in 2021?
When you have a mobile app idea, you are thinking of making a superior and creative product to make it exciting and engaging enough for the end users. So, when you are looking to work on the technical side of mobile app development, why do you think there is a need to worry about the legal issues of mobile apps? Now, there is a legal issue at each and every stage of mobile app development which is in place for your own safety. In this post, we will talk about the 5 most vital legal issues and how to avoid them in your mobile app development in 2021.
Non-Disclosure Agreement (NDA)
Non-Disclosure Agreement is a legal agreement under which the parties pledge to keep the information confidential. At Nimblechapps, we always encourage our clients to sign these documents before we start working on business negotiations. It is because NDA is one of the most important ways to protect your product idea. You can sign NDAs with multiple parties. A confidentiality agreement is a great tool to protect your rights in case the other party decides to breach the conditions agreed upon.
At the time of signing a NDA, you must take care of the below mentioned points:
- Information relating to your Financial data
- Technical Know-how and expertise
- Operations
- Marketing
- What information is handed over to the other party
- The obligations of the contracted party
- Penalties in case of breach of contract
- Term of NDA. For example an agreement can be valid for 2, 3 or 5 years etc
Independent Contractor Agreement
This type of contract is important before you start a project with any mobile app development company. It basically draws a guide for both the parties to cooperate with each other and work according to the predetermined conditions. An independent contractor agreement really helps in case of doubts or for conflict resolution. Hence, it is best to mention in the agreement how the collaboration will work. The points not to be missed are:
- Mention the Method of Cooperation – In this step, you must include the tools to be used for developing and testing the application, ground rules for communication and a guide to arrange meetings.
- Force Majeure – These days companies have started focusing on this point after the wrath of pandemic. However, this step is important for any kind of natural, economic or political uncertainty which can hamper the development of the project.
- Exit Strategy – It is desirable for both the teams to decide an exit strategy in case there is no cooperation. You must also include the smooth hand-over of code, payments and penalties too.
Privacy Policy and Protection of Data
There are various legal requirements to safeguard the users’ personal data. For example, if you would like your application to be available to the European users, you need to fulfill the privacy requirements by GDPR. Secondly, if you want Americans to use your application then there is a requirement under the Children’s Online Privacy Protection Act so that it can be safely downloaded by users of all age groups.
These requirements generally depend on the nature of your application and the type of information that you are requesting from the users. Some industries have a higher threshold for data protection like in the medical or financial sector. Due to multiple regulations and acts, it is best to consult your legal team before you start working on the application. Then there is a concern regarding data protection and as a business owner you don’t want to be dealing with data leaks. Hence, you will be secured if you are choosing a mobile app development company who fulfills all the legal obligations.
Terms and conditions
When you think about Terms & Conditions of your mobile app, it depends entirely on the country you are going to make it available to. For instance, there are various legal restrictions in Europe regarding the content and images of an app. It is a good habit to add the basic information of your company in the Terms & Conditions section. Second, it must explain what your application is about and how it will be used by the users along with safe usage and technical requirements. Third, before making it available to the public, you must think about drawing an End-User License agreement.
Additionally, you must also include the information about the usage of the app and how to get in touch with you if the user has any issues with the application. Moreover, you must define the scope of your liability towards the end users. The document should be written in simple language which is easy to understand for the common users. Avoid mentioning important clauses in a lower font or in places which are not easily accessible for the end user.
App Store Requirements
Your mobile application has to comply with all the requirements related to app publishing from the Google or Apple guidelines. It helps in placing an importance on personal data protection like health data and information received from minors along with the intellectual property of your product. You can also check out our extensive guide on how to get your app approved in the app store in 7 easy steps.
Conclusion
Mobile app development is a complicated and multi-dimensional process. It is crucial to look into all the relevant aspects including legal requirements at the beginning of the process to avoid any disappointments later. This will help you to avert a phase in which you have finished the development of the application and it doesn’t meet a particular legal criteria. Let us know in the comments below if we have missed out any legal requirement.
Keval Padia is the founder & CEO of Nimblechapps, a fast-growing mobile app development company. The current innovation and updates of the field lures him to express his views and thoughts on certain topics.