'App is free' does not mean that the user is for sale

guest · Sep 9, 2019

'App is free' does not mean that the user is for sale
Data protection rules apply to mobile applications regardless of whether an app is free or paid for
September 9, 2019
https://www.scmagazineuk.com/app-free-does-not-mean-user-sale/article/1596000

"While a number of laws are intended to protect consumers when downloading smartphone apps, in practice consumers may find that they have limited remedies in relation to app makers that breach those rules," Sloan told SC Media UK.

The laws on digital content have been evolving over the years. Users now have more rights in relation to digital content such as mobile apps.

"However, these rules are largely aimed at providing consumers with adequate remedies, such as a refund, if the digital content does not work, such as buggy software or a corrupt media file," he said.
In the case of apps, the rules in consumer protection laws that protect consumers from unfair contract terms appear more relevant. Those rules also require that terms and conditions are jargon-free and unambiguous, Sloan explained.
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Just because an app is free does not mean that it has the right to extract and sell user information. The data protection rules apply to them regardless of whether an app is free or paid for, asserted Sloan.

Moreover, the appmaker cannot arbitrarily change the terms and conditions once the user downloads the app, Sloan said.

"If an appmaker wishes to change how it uses personal data then is would need to provide the user with an updated privacy notice. Depending on the nature of the processing, it may also need to seek fresh consent from the user."
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