In order to place an application on the App Store or Google Play, you must, among other things, comply with certain legal requirements:
- The application must be created and operated in compliance with copyright and intellectual property laws: the developer must be the owner of the intellectual property (code, images, sounds, trademarks, etc.) in the application or have the rights to use it appropriately. Accordingly, the owner of the application or the distributor of the application must have proof of acquisition of the intellectual property rights or have the appropriate licences. Registered trademark rights must also be provided.
- Confidentiality, including protection of personal data: Confidential information and personal data must be processed and protected in accordance with privacy laws (e.g. banking secrecy, etc.), data protection laws such as GDPR (EU), CCPA (California) or similar regulations, as well as in accordance with the internal privacy and personal data protection policies developed and in force for the Application. Accordingly, the owner (distributor) of the application must develop and publish a privacy and personal data protection policy. In addition, in certain cases (e.g. in the EU) it is necessary to appoint an authorised representative for personal data as required by local legislation. In addition, personal data may only be collected with the explicit consent of the user.
- Child protection: If an application is intended for children, it must comply with child online protection laws, such as COPPA in the United States.
- Terms of use: Terms of use applicable to the application must be developed and published.
- Ensure and demonstrate compliance with financial laws: If the application is paid for or can be used to transfer money, it must comply with laws regarding electronic payments, including refund obligations, and consumer protection. Information on costs and payment terms must be clear and understandable.
- Compliance with morals and ethical standards: should be regulated either by the terms of use or a separate policy.
- Restrictions:
- Age restrictions: if the application has age restrictions, this must be stated in the terms of use and the restriction must be technically supported.
- Prohibited content: The application must not contain any illegal, offensive or inappropriate content (e.g. 18+ material or promotion of violence).
- Local legal restrictions: Applications in certain areas (e.g. gambling, cryptocurrency, healthcare, etc.) must comply with the relevant laws in each country, including obtaining licences. Such restrictions may also relate to encryption or the use of certain categories of apps (e.g. VPN-related).
- Legal Notices: The application must include all required notices (such as disclaimers).
- Advertising: If the application contains advertising, this must be clearly stated and the content of the advertising must comply with local laws.
- Availability of a licence agreement (EULA): The application must include a user agreement that defines the rights and responsibilities of users and developers.
- Business registration: The owner (distributor) of the application must confirm its tax status and, in some cases, the status of the registered business on whose behalf the application is published and operated.
- Separate rules are set for the App Store in the App Store Review Guidelines and for Google Play in Google Play Developer Policy Center.
These requirements may vary depending on the specifics of the application and the countries in which it is published. As in any other area, we recommend that you seek individual legal advice when preparing the documents for publishing an application in the App Store and/or Google Play, which will provide a higher level of business protection.
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