Our lawyers have solid expertise in the field of mobile apps and m-commerce. We can support you through your project to create a mobile app, from conception to publication
Creating a mobile app requires the publisher to take a number of particular steps to avoid disputes and conserve copyright.
Choice of name for your mobile app
The name of the mobile app must, for example, have been subject to an availability analysis in order to avoid litigation and enable the registration of that name as a trademark in France and possibly abroad (for example, in case of distribution of mobile apps in App Stores).
Designing the user path of your mobile app
It is advisable to design the “user path” of your app with the help of our lawyers in order to comply with legal requirements, by following our recommendations, especially with regard to online purchase (for m-commerce apps) or the collection of personal data.
Ownership of copyright to your mobile app
In terms of copyright, the publisher must ensure that he or she holds all the copyrights on the graphic elements and IT developments making up the app. To do this, an audit of the copyright assignment or licencing agreement existing with the IT service provider should be carried out; in the absence of a contract in force with the providers who have contributed to the app, our firm can prepare a copyright assignment or licensing contract on behalf of the publisher, to be concluded with the service providers concerned (e.g.: IT service provider and possibly graphic designer).
General Conditions of Use/Sale and m-commerce
In order to protect your copyright on your app, this time with regard to the user, it is necessary to set out General Conditions of Use (GCU) and/or General Conditions of Sale (GCS), depending on the case. In addition to defining the scope of the user license granted to the user of your app, these GCUs/GCSs allow you to establish the conditions under which the user can use your application, by specifying, for instance, the prohibited uses, cancellation terms, purchase terms (payment, delivery, refund, etc.), or the scope of your company’s liability towards the user.
Furthermore, these GCUs and/or GCSs must be drafted with particular care in order to comply with the requirements of the Consumer Code, especially for m-commerce apps. The proceedings that Facebook has been subject to in recent years concerning the drafting of these GCUs illustrate the importance of putting in place contractual documentation under the Consumer Code and the Data Protection Act: Following the dispute between Facebook and UFC-Que Choisir over possible unfair clauses in these GCUs, the DGCCRF initiated proceedings against the social network on this matter, and in 2015 the CNIL (followed by its Belgian, Spanish and Dutch counterparts) initiated proceedings regarding the collection of personal data without the consent of the user.
In addition to exposing Facebook to financial penalties, these proceedings have not helped to lend a positive image to the social network in terms of consumer protection and personal data protection.
Protection of personal data collected by your app
Ensuring that your app respects personal data law allows you both to avoid possible sanctions and project an image of transparency towards the user. To achieve this, our firm can:
- Carry out an audit of an app’s compliance with the Data Protection Act;
- Draft a Privacy Statement for the persons concerned (on the data collection forms).