You see a privacy policy page on most websites, but that does not seem to be the same for most mobile apps? A 2012 study found that only 32% of paid apps and 48% of free apps had an in-app privacy policy – even when the local laws of most countries require you to have one. So, what is it that goes wrong?
Mobile businesses believe they don’t need one.
But they actually do. 
It’s not that the laws are unclear – California’s Department of Justice had set up a Privacy Enforcement and Protection Unit back in 2012, which aimed at affecting all developers who targeted Californians, rather than just developers based in California.
Major organizations like Delta and Path have been fined for non compliance.
Do You Need a Privacy Policy On Your Mobile App?
If your mobile app stores, collects or shares data in any way, you need to have a Privacy Policy. Your users need to know what they’re getting into – and there are specific guidelines that demand you to have one – like the ones published by the AG of California.
Even if you collect simple things like names and location data, you’re bound to have a privacy policy – at least California’s AG interprets the CalOPPA that way.
What Does Your Privacy Policy Need to Have?
You need to tell your mobile app users just how the information you collect will be used – and this applies globally.
It doesn’t matter if you have an app made in China – if it can impact even a single California user, you will be liable. Most governments around the world have a similar provision, and it’s a mistake to avoid having a privacy policy.
After all, it’s not going to take more than 2-3 pages, and if you don’t have one, you could be held accountable under local laws. If drafted properly by legal professionals – you are guaranteed to save yourself a lot of money and hassle.
The Need for a Privacy Policy
Today, it’s not easy to get away without having a privacy policy. Recently, more than six leading mobile application providers agreed to work towards CalOPPA compliance, and various State laws are coming up in this regard.
Also, if you’re targeting European users, the European legal framework stipulates that you need to have a Privacy Policy, under the Data Protection Directive (95/46/EC) and the new General Data Protection Regulation (GDPR) that comes into force in 2018, if your app involves collecting, storing or processing personal data of individuals. If an EU resident uses your app, you’re liable – even if your business is not established in the EU or if it does not make use of equipment in a particular EU Member State.
And that’s not all there is to it. The ePrivacy Directive states the same –and according to Article 5 (3), you can only collect and store the information of a user on your app if you have their consent – which you could only get if you have a privacy policy page.
Don’t Mess Up – Get a Privacy Policy Page!
It’s important that you get a privacy policy page in-app for everyone to view. You can’t waive your liability by an unilateral declaration. This is specifically prohibited under the European Union Privacy Law.
Thankfully, it’s not that difficult to get one! You can use Lege Nova’s Privacy Policy Generator and tailor your Privacy Policy according to your business needs.
It will not take you more than 5 minutes. And can help you become legally complaint, no matter where your website or mobile app users are based. Worldwide.
