The Mobile Apps Market Companies have, or will implement a means for users to report to the Mobile Platform Companies apps that do not comply with applicable terms of service and/or laws.
The Mobile Apps Market Companies have or will implement a process for responding to reported instances of non-compliance with applicable terms of service and/or laws. Any action that a Mobile Apps Market Company takes with respect to such an application will not limit law enforcement or any other regulator’s right to pursue an action against a developer for alleged violation of applicable law.
The Mobile Apps Market Companies will continue to work with the California Attorney General to develop best practices for mobile privacy in general and model mobile privacy policies in particular. Within six months the participants will convene to evaluate privacy in the mobile space, including the utility of education programs regarding mobile privacy.
This may be a single warning shot to mobile app developers, or herald a new round of enforcement efforts against those developers. Regardless, Compliance with the Act by app developers should now be the norm, and the compliance requirements are identical as those that website or online service operators have been living with since 2004. For further information or assistance for mobile app developers, please contact Cyrus Wadia, head of Cooper, White & Cooper LLP’s Intellectual Property Group.