Legal requirements for submitting an app to the App Store or Google Play

Among the various legal requirements of the App Store (see the the App Store Review Guidelines for details) and Google Play (see the Google Play Developer Policy Center for details), the following are the most important for your app to be approved for these app marketplaces:

1. Compliance with Intellectual Property Rights: The app must be created and published in compliance with intellectual property rights. All required IP assignments, licences, TM registration certificates must be provided upon request.

2. Confidentiality and Personal Data Protection: Confidential information and personal data must be processed and protected in accordance with applicable laws (e.g. GDPR, CCPA) and in accordance with internal privacy and personal data protection policies. In certain cases (e.g. in the EU), it is necessary to appoint an authorised representative for personal data as required by local legislation.

3. Compliance with specific rules:

   1. Child protection: If an application is intended for children, it must comply with laws protecting children online, such as COPPA in the United States.Terms of use: Terms of use applicable to the application must be developed and published.

   2. Age restrictions: if the application has age restrictions, this must be stated in the terms of use.

   3. Compliance with morals and ethical standards.

   4. Prohibited content: The App must not contain any illegal, offensive or inappropriate content (e.g. 18+ material or promotion of violence).

4. Compliance with corporate and tax laws: Business registration documents and/or tax residency certificates must be provided upon request.

5. Compliance with financial and payment regulations: If the application is chargeable or allows customers to transfer money, it must comply with laws on electronic payments, including refund obligations, and consumer protection. Fee schedules and payment terms must be clear and understandable. The App Store or Google Play financial instruments must be implemented in the app.   

6. Compliance with local laws:

   1. Licensing in certain areas (e.g. gambling, cryptocurrency, healthcare, financial services, etc.).

   2. Restrictions on encryption or the use of certain categories of applications (e.g. VPN related).

   3. Advertising: local advertising laws have to be considered. If the application contains advertising, this must be clearly stated.

7. Legal Notices: The application must include all required notices (such as disclaimers).

8. End User Licence Agreement (EULA): The user must be provided with an EULA that defines the rights and responsibilities of users and developers.

Each of these legal requirements, as well as many others, are subject to an individual approach for each project (app). We recommend that you seek legal advice on this issue to ensure that all the necessary documentation is properly prepared.

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