December 19, 2018

mobile-app-lawyer
Mobile App Lawyer

Mobile App Lawyers Provide Legal Guidance for Mobile App Businesses

Mobile applications, also referred to as “apps,” have become invaluable tools for businesses hoping to stay engaged with their customers in the mobile age.  When developed properly, Apps can provide businesses with a relatively low-cost means of facilitating e-commerce transactions, delivering content, bolstering brand loyalty and enhancing the overall consumer experience.  Despite the crucial role that Apps play for businesses looking to stay competitive in an increasingly digital landscape, there are several legal risks and potential pitfalls that are inherent in making mobile apps available to the public.  Given the stakes involved, it is advisable that businesses obtain an experienced mobile app lawyer to ensure that the mobile apps, the legal documents associated with the apps and the commercial activity engaged in by and through use of the apps, are legally compliant and adequately protect the applicable businesses.

What Can a Mobile App Lawyer Actually Do for Me?

Mobile App Lawyers Keep Businesses Informed About Compliance Issues

Mobile apps can present a series of unique legal issues for businesses.  For example, certain mobile apps might require/be capable of tracking the physical location of end-users.  This might be necessary for mobile apps that provide restaurant/store recommendations in a given geographic area.  Prior to engaging in such geolocation tracking, however, app operators must ensure that they obtain informed end-user consent in order to avoid unwanted regulatory scrutiny.

In addition to geolocation tracking notification and consent, numerous other important disclosures regarding the mobile app operator’s intended collection, storage, use and sharing of end-user personal information should be set forth in a comprehensive Privacy Policy that is accessible from a link within the mobile app.

In addition to the Privacy Policy, each mobile app should have a detailed and thorough End-User License Agreement, or EULA.  The EULA creates a binding agreement that establishes the terms and conditions governing the relationship between the end-user and the applicable app operator.  Other than the Privacy Policy, the EULA is typically the only contract between the mobile app owner and end-users.  As such, it is essential that the End-User License Agreement is drafted by an experienced mobile app lawyer, in order to best protect the ownership rights of the mobile app operator in and to the applicable mobile app technology and its constituent intellectual property/content.  In addition, the EULA serves an important role in limiting the liability of the mobile app operator.  Without such an End-User License Agreement, the mobile app operator could lack vital intellectual property protections and face significant legal liability.

A Mobile App Lawyer Can Adapt to the App

While several mobile app-related legal and regulatory issues are universal, there are specific legal issues that vary depending on the functionality of a given mobile app, the type of content/offerings featured by and through the mobile app and the commercial transactions undertaken in connection with the app.  Given this level of variance, unless app-related agreements and policies are customized to fit the particular app, those legal documents will not adequately address each mobile app operator’s specific legal needs.  Therefore, it is important that businesses retain a qualified mobile app lawyer to ensure that their mobile apps and related business activities are well-protected and compliant with applicable laws and regulations.

If you are interested in learning more about this topic or require legal assistance in connection with your mobile app, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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