Why Retaining a Mobile App Lawyer Is So Important

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October 11, 2016

app-lawyerMobile App Lawyers Help Secure Your Mobile App Assets

Mobile applications, or “apps,” have become an extremely popular vehicle for providing entertainment to end-users, developing brand loyalty and enhancing the consumer experience.  In a relatively short period of time, mobile apps have also become a booming industry, earning an estimated $46 billion in revenue in 2016 alone.  Given the potential to earn a high rate of return on a mobile app investment, and in recognition of how important apps are in strengthening customer relationships, it is essential to retain qualified, experienced mobile app lawyers to ensure that mobile apps are well-protected and legally compliant.

What Can a Mobile App Lawyer Do for Me?

Navigate Mobile-Related Legal Issues with a Mobile App Lawyer

There are certain legal issues that are, if not unique to mobile apps, at least of special concern to mobile app operators.  For example, mobile app developers must decide if their apps will require/be capable of tracking the geolocation of users. For some apps, that feature is essential (as in the case of a navigation/mapping app).  For geolocation tracking to be legally compliant, however, app operators must ensure that they obtain the proper end-user consent in advance.

In connection with the foregoing, each mobile app should include a well-written Privacy Policy that contains clear disclosures regarding geolocation tracking, as well as the mobile app operator’s practices concerning the collection, storage, use and sharing of end-user personal information.  In short, Privacy Policies for mobile apps are just as important as Privacy Policies for websites.

In addition to the Privacy Policy, each mobile app should have an associated End-User License Agreement, or EULA, that serves as a binding contract governing the relationship between the users of the mobile app and the mobile app operator itself. A well-drafted End-User License Agreement can be an invaluable tool in terms of protecting the ownership rights of the mobile app operator in and to the applicable mobile app technology and intellectual property/content. In addition, such agreements can be used to effectively limit the liability of the mobile app operator, memorialize payment terms (if any) and set forth favorable terms for dispute resolution.  Without such an agreement in place, the mobile app operator would be unnecessarily exposed to significant legal liability and lack vital intellectual property protections.

No Two Mobile Apps Are the Same

Notwithstanding the foregoing, please note that pertinent legal issues vary depending on the functionality and features of the particular mobile app, the type of content/offerings featured by and through the mobile app and the underlying commercial relationship entered into by and between the end-user and the applicable mobile app operator.  As such, a one-size-fits-all approach will not adequately address each app operator’s specific legal needs.  Therefore, we recommended that businesses retain qualified mobile app lawyers to ensure that their mobile applications and associated practices are safe, secure and compliant with applicable law and regulation.

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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Similar blog posts:

Why End-User License Agreements for Mobile Apps Are Essential

Why Every Mobile App Needs a Privacy Policy

Mobile Content Providers Beware

 

 

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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