Enforcement for Failure to Have Mobile Privacy Policies May Begin This Fall

As we reported in February, all of the major app platforms agreed with the California Attorney General that they would require apps sold through their platforms to have privacy policies. A member of the California AG's office said that in six months the AGs office will be looking to bring actions against companies that have failed to put privacy policies in their apps. To provide guidance for companies about in-app privacy policies, a draft recommendation on best practices for mobile privacy policies is being created, and is set to issue in May, with final recommendations in July. The FTC is also holding a workshop on May 30.

TIP: Companies should begin now, if they haven't already, to develop privacy policies that accurately describe what information is being collected in their apps, and how that information is used. To avoid potential problems down the road as the potential for enforcement increases, mobile privacy policies should contain the same type of content found in online privacy policies, but should be drafted and formatted to be read easily on a small screen.