Application development: Legal aspects to consider

to Daniel Bravo Crypto legal advisor Vicox Legal

We all know what a mobile application is, and if we extend our imagination, we will surely come to the conclusion that we cannot live without them. If you are an entrepreneur, the idea of ​​creating one will surely come to your mind, either to automate a daily process, in response to a need that does not yet exist, or for pure leisure. There are countless apps and ones to discover in the market.

In this article, we will discuss the legal aspects of creating your own mobile app.

First of all, we need to define some basic concepts moving forward in this article. When we use an application, it works thanks to a series of tools, which can be APIs and SDKs.

The APIs and SDK integrate the functionality built into the application, which allows the integration of features, such as the ability to display ads, send notifications, track and analyze the use of the application by the user, geolocation, payment for products …

Without going into a deep definition of each one of them (and since it’s not my field of knowledge either), I simply mention that these tools, while developing, collect data in an automated way. Therefore, it will be necessary to pay attention to data protection regulations in this regard.

The handling of sensitive data bears the responsibility of trying to avoid data leakage by developers. The GDPR requires data controllers to increase effective security measures and control access to databases.

On the other hand, users will have to obtain the necessary permissions to run the app in the background if necessary, without bypassing data collection beyond what is strictly necessary.

Let’s think that we have to restrict disproportionate access, otherwise the application will have nothing more than an excuse to collect the above data, and not provide a useful service to the user. The application should have a specific function of everything necessary, and not go beyond it.

Second, we need to ensure that by registering our app, we are not infringing the proprietary rights of any third party. This includes trademarks, trade names, logos, and more. For greater protection, you can register your trademark with the Spanish Patent and Trademark Office.

Continuing this line, it is worth asking if your idea can be registered, protected or copied. Well, this cannot be done. In other words, as we said, you can protect the brand, but you can’t protect idea. If you develop an app, other people will be able to create the same app as you, without protection. What they won’t be able to do is copy your brand. In short, an application cannot be patented.

Third, we will have to adhere to the Privacy Policy, which is a document that defines the personal data of users that will be collected by the application.

Before it was optional, now it is a mandatory requirement, and it is recommended that it be available to the consumer not only on the website, but also in the application itself.

The points that this privacy policy should collect would be:

1. Who will be responsible for processing this data

2. The data to be collected. We should especially mention sensitive and short data, since there are applications designed specifically for them.

3. The purpose, i.e. the destination or usefulness of the treatment.

4. Legality.

5. Retention period, i.e. the duration and time for which said data will be kept.

6. Security measures, for data processing purposes, and potential “leaks” of the above data.

7. Third parties involved in the treatment.

8. Possible international assignments.

9. Users’ rights.

10. Contact responsible use.

Also, it might be a good idea to include a legal design tool. Legal design is the tendency to make legal aspects easy to understand, so that it is not complicated for the consumer to understand, but rather has an easy and understandable reading. External Legal Terminology.

Finally, we would like to mention the terms and conditions, the important elements in the development of the applications, and the obligations that users are bound by by downloading the application. We can meet, among others:

1. A description of the use of the Service.

2. Use restrictions.

3. User rights and obligations.

4. Industrial property rights licensing.

5. User Generated Content.

6. Reservations.

7. Waiver of Rights.

As we have seen, application development is a process that has many aspects at the legal level. In this article we mentioned only a few. Since nothing escapes the world of law, it is always important to be made aware of the important points to be touched upon so that if we want to develop our idea, everything is done as it should, thus avoiding problems.

legal notice “Investing in crypto assets is unregulated, may not be suitable for retail investors and may lose the entire invested amount”

 

 

 

 

 

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