Web Operators and Developers Face Increased Scrutiny and Stiff Penalties Over Privacy Issues

“Ignorance of the law excuses no man: not that all men know the law, but because ‘tis an excuse every man will plead, and no man can tell how to refute him.” – John Selden

If your company is operating or developing software applications, including mobile applications, be warned.  Application developers face increased scrutiny, legal challenges and potentially stiff penalties for non-compliance with state privacy laws designed to protect online consumers.

In February 2012, California Attorney General Kamala D. Harris warned mobile application developers that her office would aggressively enforce California’s Online Privacy Protection Act.  If online services or website operators collect personal identifiable information from California residents, the Act requires the services to post their privacy policies conspicuously.

Think you don’t need to worry about California laws?  Think again.  The California Online Privacy Protection Act applies to any operator whose app is downloaded by a California consumer, regardless of the physical location of the operator’s business.

Read the entire article regarding penalties over privacy issues.

About John Millspaugh

I am a partner in the Business Services Group at Bose McKinney & Evans LLP. My practice focuses on complex transactional matters such as mergers and acquisitions; venture capital, private equity, debt and other financing transactions; joint ventures and strategic alliances; product development and supply agreements; and other general corporate and contract matters for local, national and international corporations. My clients include entrepreneurial businesses ranging in size from start-ups to Fortune 500 companies. I strive to provide practical business and finance counsel to clients in addition to legal counsel. I also have experience representing clients in federal regulatory matters before the U.S. Department of Energy and the U.S. Department of Commerce. I have the good fortune to have worked on many domestic and cross-border deals, and I endeavor to exhibit skill in structuring transactions, supervising deal teams, drafting agreements and negotiating effectively while maintaining collegiality. I am also a husband to a fantastic, supportive and understanding wife; a father of three wonderful daughters; a frustrated golfer and outdoorsman; and a lover of football. View a complete bio, including a list of representative transactions at www.boselaw.com/people.cfm/staff/52.
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