ADVERTISING, MARKETING & PROMOTIONS
THE BOTTOM LINE Given the astounding rate of growth of mobile apps, it is not surprising that regulators are focusing on the privacy issues raised by such apps. In light of current regulatory scrutiny at both the state and federal level, the mobile app industry must pay special attention to developments in this area.
4) The Mobile App Operators will implement a process to respond to reported instances of noncompliance with applicable terms of service and/or laws, although any action they take will not bar regulators from pursuing a developer for allegedly violating applicable law, including California’s Unfair Competition Law and/or False Advertising Law. >> continues on next page
ADVERTISING, MARKETING & PROMOTIONS >> ALERT 5) The Mobile App Operators and the California Attorney General will continue developing best practices for mobile privacy in general and model mobile privacy policies in particular. While no time table has been set for implementation, the California Attorney General will meet with the Mobile App Operators in six months to assess privacy practices in the mobile space.
FTC REPORT ON MOBILE APPS FOR KIDS The Mobile App Operators’ announcement comes on the heels of the Federal Trade Commission’s (FTC) report, Mobile Apps for Kids: Current Privacy Disclosures are Disappointing (Mobile Apps for Kids Report), which evaluated the lack of privacy information available to parents before downloading mobile apps for their children. The Mobile Apps for Kids Report made the following recommendations for protecting children’s privacy in the mobile app space: 1) All members of the “kids app ecosystem” – stores, developers, and third parties providing services –