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California Mandates Privacy Policies in the California Online Privacy Protection Act - California attorney general fines app developers who fail to comply with the California Online Privacy Protection Act - KK-LLP.com
California Mandates Privacy Policies in the California Online Privacy Protection Act

 

NewswireToday - /newswire/ - Dallas, TX, United States, 2012/12/12 - California attorney general fines app developers who fail to comply with the California Online Privacy Protection Act - KK-LLP.com.

   
 
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California Attorney General Kamala Harris has started cracking down on mobile-app developers who aren’t in compliance with the California Online Privacy Protection Act. Under the Online Privacy Protection Act, websites and other online enterprises, whether big or small needs to have a privacy policy. The California Attorney General issued a notice on October 30 that required all “commercial online services” that gather personal information to have a privacy policy that is clearly displayed. The attorney general gave these online businesses one month to comply. If they do not comply, these businesses could face fines up to $2,500 per app download.

However, this law does not merely apply to businesses located or operating out of California. This law applies to any service provider who collects information from “any Californian.”

“The actions taken by the California Attorney General should act as a strong admonition to website and app developers no matter the size of the business,” stated Klemchuk Kubasta partner Darin Klemchuk. “It is as simple as being transparent about the data that companies collect from individuals. Ultimately, transparency can give the website or mobile app credibility and help business.”

“Some of the common mistakes that people make,” added Klemchuk Kubasta associate Roxana Sullivan,“is for business owners to think that their business is too small. The actions taken by the California Attorney General shows that this is not the case.”

“Another common mistake is that many websites think that they can simply copy the privacy policies of a larger similar company. This is definitely not the case since personal data is often collected in different ways,” added Sullivan.

“The Online Privacy Protection Act is not a new law, but now the California Attorney General is enforcing it,” said Klemchuk. “It’s important for any online business or app developer to seek the counsel of an attorney that can help them draft a privacy policy that is specific to their business and needs.”

Website owners and app developers should ask themselves what type of information they collect from users, whether the user has control over their information, and what laws affect the website’s operation. It is important for privacy policies to be clearly written and give meaningful notice to consumers about how personal information is collected and stored.

About Darin Klemchuk
Darin Klemchuk is co-founder and managing partner of Klemchuk Kubasta LLP, a Dallas-based IP boutique law firm that offers comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patents, trademarks, trade dress and copyrights.

About Klemchuk Kubasta LLP
Based in Dallas, Texas, Klemchuk Kubasta, LLP (kk-llp.com) is an IP boutique law firm that offers comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides legal services relating to domain names, e-commerce, privacy policies, social media, Internet law, commercial and business litigation, technology transactions, and international business & trade.

 
 
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California Mandates Privacy Policies in the California Online Privacy Protection Act

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