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Mobile App Developer Agreements

By Alan L. Friel

Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.

Company legal counsel and information technology (IT) professionals can take steps to protect the company. Before a vendor is even selected, the company should develop needs and privacy impact assessments to guide procurement in a manner that is consistent with business goals and its legal compliance obligations. These may include accessibility alternatives for the disabled (http://bit.ly/1VOqGh6), notice and choice for sharing certain app or device data with third parties, including for interest-based advertising (http://bit.ly/1N8XTle) and other requirements. A request for proposal (RFP) process based on the assessments can help in the selection of a vendor, development of specifications and deliverables, and clarify which party is responsible for what. It is crucial, then, to carefully scrutinize and negotiate the boilerplate of the developer's agreement and its ancillary documentation in order to assure that the company's expectations are reflected and can be enforced.

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