Companies that have, or are in the process of developing, mobile applications that are connected to the Apple Store should be aware of recent privacy updates and should take steps to prepare your business for these new privacy requirements in 2021.
Apple’s Announcement
Beginning on December 8, 2020, Apple will impose specific requirements for the disclosure of privacy practices for all applications on the product page in the Apple Store. This change will help users understand an app’s privacy practices before they download the app on any Apple platform. The App Store product page will now feature a new privacy information section to help users understand an app’s privacy practices, such as data collection practices, the types of data collection, the data linked to the user, user tracking, and privacy links. More details about Apple’s announcement can be found at the privacy details page and additional guidance on how to provide app privacy information can be found in Apple’s App Store Connect.
In addition to providing information about some of your app’s data collection practices on your product page, on iOS 14, iPadOS 14, and tvOS 14, apps will be required to receive user permission (opt-in consent) to track users across apps or websites owned by other companies or to access the device’s advertising identifier. This change allows users to choose whether they permit an app to track them or access their device’s advertising identifier.
Tracking refers to the act of linking user or device data collected from your app with user or device data collected from other companies’ apps, websites, or offline properties for targeted advertising or advertising measurement purposes. Tracking also refers to sharing user or device data with data brokers. To provide developers time to make necessary changes, apps will be required to obtain permission to track users starting early next year. Additional guidance can be found at the Apple developer’s blog page.
What To Do Now
Businesses should take steps to make sure their current practices are legally compliant and address Apple’s new guidelines.
Now is an ideal time to work with your tech legal counsel to review your privacy policy and the App Store guidelines as well as applicable laws to confirm that the statements made throughout your policy are true and accurate representations of your data collection and sharing practices. Apps will need to create standardized privacy disclosures for the App Store to meet format and content requirements, but these responses should be carefully reviewed as not to conflict with any existing privacy statements. Your internal business practices and collection protocols may change from time to time, which is why Octillo recommends an annual review of your privacy policy and related practices.
Additionally, business should consult with their tech legal counsel to review and update consent language and disclosures for pop-up and any related consent forms that are utilized. There may be specific regulatory or statutory requirements for obtaining consent through a mobile application that may need to be evaluated. For example, although there are not currently opt-in requirements under the CCPA, there are specific requirements for consent under the GDPR and that may need to be met should the GDPR apply to your application.
Octillo lawyers have worked with numerous mobile app developers on privacy matters. The Octillo team of lawyers is made up of technologists and certified privacy professionals who can help develop and review new and existing privacy policies to ensure compliance with Apple's new privacy requirements. To reach a Octillo attorney, call 716.898.2102.
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