Has your business invested significant time and money into developing an app, or perhaps commissioned a third-party developer to create one for you?
Now is the time to consider the legal implications before launching. To ensure your app is fully prepared, you'll need legal documents before your go-live date. Doing so will help your business comply with relevant laws, properly protect your users’ personal data, and place you in the strongest possible position to mitigate legal risks associated with operating a mobile app.
If you’re unsure where to start, our commercial law solicitors can help you prepare the right documents before launch.
Contents:
What laws does your app need to comply with?
Much depends on what type of app you are launching, but there are several key legal areas you’ll need to consider.
- Will you be collecting users’ personal data through the app? If so, you must comply with the UK General Data Protection Regulation (GDPR). You’ll need to understand what data is being collected and how it’s being used, and provide users with clear information about your data processing practices.
- Does your app use cookies or similar tracking technologies? If so, you must also comply with the Privacy and Electronic Communications Regulations (PECR), which require transparency and user consent before setting cookies.
- Are you trading through the app – offering subscriptions, goods, or services? You’ll need clear terms and conditions, and if your users are consumers, you must meet additional obligations under consumer protection laws.
- Does the app include third-party content or links to external sites or services? If so, you’ll need the appropriate permissions or licences.
- Are you taking payments through your app? You’ll need a contract with a payment services provider (such as a merchant acquirer) and must comply with their security requirements.
If the answer to some or all of these is yes, here’s a breakdown of the legal documents your app will likely need.
What legal documents will you need for your app?
- Privacy policy – protecting user data: The UK GDPR requires your business to provide users with detailed, easily accessible information about what personal data your app will collect, how it will be used and stored, and the measures to protect it. This is typically done through a privacy notice, which should be made available to users before they download your app. You can read more on data privacy for app developers here.
- Cookie policy – complying with PECR: The Privacy and Electronic Communications Regulations 2003 (PECR) guide organisations on cookies and similar technologies. It requires that users be provided with clear and comprehensive information about the purposes for which cookies are stored and accessed. Your app will need a cookie policy outlining these details to comply. Users must be given the opportunity to read and actively consent to this policy before any cookies are set.
- End user licence agreement (EULA) – managing risk: An EULA is both a copyright licence – granting users permission to use your app and its features – and a contract allowing your business to exclude or limit liability to users (within legal limits). It’s a crucial document for managing risk and safeguarding your intellectual property (IP). Learn more about drafting a EULA. Also see our guide on protecting your app’s IP.
- Terms and conditions – setting clear expectations: If your business is trading through its app, you will need a contract with your customers, setting out your obligations to them (such as delivering a product, service or subscription), and theirs to you (such as payment terms).
There is no one-size-fits-all document here – your terms and conditions must be tailored to your offering and audience. If your customers are other businesses, you’ll have more flexibility in your terms. However, if your users are consumers, you must meet strict legal standards, including providing detailed pre-contract information to help consumers understand what they agree to.
Our commercial team can guide you through the specific terms your app needs. - Content and linking licences – using third-party materials legally: If you are using third-party content in your app, such as images, text, or videos, you’ll need permission from the content owner, typically in the form of a content licence. Similarly, if your app links to third-party websites or services, you’ll need a linking licence or other written permission.
- Merchant acquiring agreement – enabling secure payments: If your app processes payments for goods or services, you’ll need a merchant acquiring agreement with a payment processing provider. These agreements often include strict security and compliance requirements that your app must meet and usually offer limited room for negotiation.
Additional legal considerations for your app
In addition to the core documents above, here are a few other legal considerations that are often overlooked:
- User-generated content: If users can upload content (e.g. comments, images, or reviews), you’ll need clear policies on acceptable use and moderation and disclaimers limiting your liability for that content.
- Third-party services and APIs: Using tools or services (e.g. map integrations, analytics tools) from third parties may require you to comply with their terms and data-sharing rules.
- App store and platform compliance: Apple’s App Store, Google’s Play Store, and other platforms have their own developer agreements and privacy requirements you’ll need to meet. Non-compliance could lead to your app being removed from the store.
Prepare your app for a legally sound launch
Launching a mobile app is a major milestone and an exciting opportunity to grow your business, but it also comes with legal responsibilities. Ensure that the right legal documentation backs your app from day one. Staying compliant, protecting user data and IP, and managing business risk is essential.
Our expert commercial law solicitors can help you establish tailored terms and conditions, a robust EULA, a compliant cookie and privacy policy, and any other key documents your app needs so you can launch with confidence.
