5 essential legal documents for your mobile application

Launching a mobile application is not just about technology or design. It also means complying with a very specific legal framework that can vary from one country to another, and more broadly across the European Union with regulations such as the GDPR. Failing to comply with these obligations can expose businesses to significant risks, including fines or litigation.

1. Legal notices

Legal notices are mandatory for all applications accessible to the public, just as they are for websites (the first "legal documents for a mobile application"). They allow users to identify the publisher and to know who is responsible for the content.

In accordance with the Act on Confidence in the Digital Economy (LCEN), they must include:

• The identity of the publisher (company name, full address of the registered office, SIRET number),
• The corporate name, name and contact details of the host,
• A means of contact (email or telephone number),
• The Trade and Companies Register (RCS) registration number (article 1 LCEN),
• Where applicable, information on the intra-Community VAT number (article 19), and
• The name of the publication director.

• Penalties for non-compliance:

In France, failure to comply with legal notice requirements can result in a fine of up to €75,000, multiplied by five for legal entities, and up to one year of imprisonment for the responsible individuals. Failure to comply may also lead to civil sanctions (damages) if a user is harmed by such failure.

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• Privacy policy

The privacy policy is crucial when it comes to the collection and processing of personal data, particularly given the requirements of the GDPR, notably its article 13. It must be clear, concise and easily accessible to users (the second "legal documents for a mobile application").

The elements to include are:

• The types of data collected (personal information, location data, etc.),
• The collection of the user's consent,
• The reasons why this data is collected (operation of the application, marketing),
• The data retention period,
• The presence of cookies,
• Users' rights, in particular access to, rectification or erasure of their data.

• GDPR requirements and penalties:

The penalties for non-compliance with the GDPR can be particularly severe. For example, the CNIL (French Data Protection Authority) can impose fines of up to €20 million or 4% of the company's worldwide annual turnover, whichever is higher.

Example: In 2019, Google was fined €50 million for a lack of transparency and clarity regarding data processing.

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• Terms of Use (ToU)

The Terms of Use set out the rules for using the application (the third "legal documents for a mobile application"). They protect the publisher by clearly defining what users may and may not do.

If you have a paid component, general terms and conditions of sale will be required.

The clauses to include are:

• Access and use: Who may access the application (minimum age, authorised territories) and under what conditions.

• The obligations of the user and the publisher.

• User liability: Users are responsible for their actions on the application.

A concrete client example: I recently helped a client restrict access to their mobile application to adult natural persons only. Since children and minors in general benefit from a different set of rules and protections than adults, it is essential to clearly define the profile of the persons who may use the application.

• Termination : The publisher may suspend or terminate access in the event of a breach of the Terms of Use, such as inappropriate behaviour or fraudulent use of the application.

• Intellectual property: The contents of the application, including the source code, logos and images, are protected by copyright.

To find out more and book an appointment with me: https://www.mirabile-avocat.com/droit-du-numerique/mise-en-conformite-juridique-de-votre-site-internet/

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• Intellectual property

Intellectual property is paramount in order to protect the originality of a mobile application. It covers several aspects:

• Copyright: The source code, graphic elements, videos and any other content of the application must be protected by copyright in accordance with article L.112-3 of the Intellectual Property Code.
• This ensures that no one can copy them without authorisation.

• Licences: If external elements are used in the application, such as open-source code libraries or licensed images, the terms of use of these licences must be respected.

• Registering a trademark: If the application uses a specific name or logo, it is advisable to register them with the INPI (French National Industrial Property Institute) to protect these elements against any unauthorised use.

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• Development and maintenance contracts

The development contract is essential when an external developer is engaged. It sets out the obligations of both parties and prevents conflicts in the event of disagreement. Here is what it must include:

• Ownership of the source code: The contract must specify who owns the source code at the end of development. This is crucial for the publisher, who must retain the ability to modify the application in the future.

• Exploitation rights: It is important to define who holds the rights to market and distribute the application.

• Maintenance and support: Is the developer also responsible for post-launch maintenance? If so, the contract must include specific clauses for updates and fixes.

Common disputes: Many businesses can find themselves stuck after an application has been developed because the developer refused to assign the source code or demanded additional fees for modifications, aspects that were not initially anticipated in the contract.

• It is therefore essential to provide for this type of situation in the contract.

• Contracts with third parties (APIs, service providers)

When a mobile application relies on APIs or other external services (for example, for payments or geolocation), it is imperative to formalise these relationships through contracts:

• Service levels (SLA): It is crucial to define the expected service levels, in particular regarding availability and performance. For example, a payment API must be available 99.9% of the time to ensure the proper operation of the application.

• Application publishers must provide fallback solutions in the event of failure of third-party services, in order to ensure continuity of service for users.

• Liability: In the event of a third-party service failure, who is liable? This point must be clearly defined in the contract to avoid any legal uncertainty.

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