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California Attorney General Cracks Down on App Developers With No Privacy Policies

After giving app developers a month to comply with the California Online Privacy Protection Act, California Attorney General Kamala Harris is cracking down on mobile-app developers who do not have a privacy policy clearly displayed. If found noncompliant with the Online Privacy Protection Act, these businesses could face fines up to $2,500 per app download.The solution is simple: adopt a privacy policy that is reflective of the business’s data collection practices. Online businesses and app developers need to be transparent with how they collect, use, and store personal data.

“There are a few common misconceptions among online business owners and app developers,” explains Klemchuk Kubasta partner Darin Klemchuk. “One of those misconceptions is that if their online business is too small that they don’t need a privacy policy. Another misconception is that if their company does not sell personal information that they also don’t need a privacy policy. Both of these thoughts are mistaken. Users are ever more conscious of how their personal information is collected and used. Furthermore, having a good privacy policy helps build legitimacy in the company and can actually improve business.”

“Another common misconception among online businesses is that they can simply copy and paste the privacy policy of another online company. We strongly advise against doing this because online companies need to be transparent in how they collect user information. Privacy policies should be tailored to fit each company’s specific needs and practices,” explained Klemchuk. The California Attorney General is going after companies both big and small who are not in compliance with the Online Privacy Protection Act. Furthermore, her efforts are not just targeted at California-based businesses, but at any business that collects information from “any Californian.”

Source: http://arstechnica.com/tech-policy/2012/12/ca-to-app-devs-get-privacy-policies-or-risk-2500-per-download-fines/

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.

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