“Data privacy is not a privilege; it is a fundamental human right.”
— Tim Cook
The Google Play Store is a major platform for app distribution, reaching millions of users worldwide. To launch an app on Google Play, companies must comply with legal standards and protect user data collected from the app. Google Play enforces a zero-tolerance policy for applications developed with deceptive, malicious, or abusive intent, strictly prohibiting the misuse of user data, including personal, network, and device information. To uphold this standard, Google Play imposes stringent privacy policy requirements for any app intended for launch on its platform. Companies often face challenges in creating privacy policies that meet these standards, necessitating numerous revisions before the app can be approved, causing unnecessary delays. These delays can be avoided if the privacy policy is submitted in accordance with Google Play’s requirements from the outset. This article explores these challenges and highlights the most common provisions flagged by Google Play to help companies achieve a smoother policy review process.
One of the most frequent issues we’ve observed is the use of generic privacy policy templates. Many companies, in an effort to expedite the process, download and submit these templates without modification. However, privacy policies need to be customized based on the specific type of goods or services offered by the app. For example, an app called ‘Pulse,’ which tracks fitness and offers consultation services, cannot use the same template as an app offering home cleaning services called ‘Cleaner.’ Pulse will have access to a broader range of user data, including health records, which are subject to additional regulations and require more stringent data handling policies not included in Cleaner’s privacy policy. We once worked with a client who used a generic template for their fitness app, only to have their submission flagged for not addressing specific health data regulations. Thus, it’s crucial for privacy policies to be tailored to the kind of data being collected.
Another common error companies make is failing to upload their privacy policy in the required URL format. Google Play mandates an active, publicly accessible, and non-geofenced URL in a non-editable form. Submitting a PDF file format, as convenient as it may seem, is simply not acceptable. We encountered a situation where a developer submitted a PDF, believing it was more user-friendly, only to receive objections from Google Play.
Additionally, many companies overlook the importance of branding within the privacy policy document. Google Play requires that the entity (e.g., developer, company) named in the app’s Google Play store listing must appear in the privacy policy, or the app must be named in the privacy policy. Simply identifying the developer/entity in the body of the policy is not enough; additional branding is required so that a user, upon opening the policy, can instantly recognize whose privacy policy it is. In our experience, adding a logo to the top of the privacy policy effectively addressed Google Play’s objections regarding the lack of branding for one of our clients.
When it comes to data collection, transparency is crucial for user trust and legal compliance. Google Play requires entities to clearly disclose what data is being collected, how it is collected, and how it will be used. Many entities struggle with providing comprehensive disclosures of the data their app collects. This includes not only the types of data (e.g., personal information, usage data, device data) but also the methods of collection (e.g., through forms, automatically, via third-party tools). Further, any user data that falls within the definition of “Personal and Sensitive User Data” will be subject to additional compliances. In our experience, vague statements like “we may collect personal information” are often flagged as insufficient. Providing detailed information about what personal information is being collected, how it is collected, and the purpose of the collection has proven to facilitate a smoother review process.
The complexity increases when apps integrate with third-party services (such as analytics providers or cybersecurity firms) that also collect and process user data. Documenting and disclosing these third-party relationships can be challenging. Companies must explicitly disclose if user data is shared with third parties, including the purposes of such data sharing. One developer we assisted initially used vague statements like “we share data with partners,” which was flagged by Google Play. They had to specify who the partners were and the reasons for sharing data to meet compliance.
User rights are another critical area where companies often falter. Privacy policies must outline the rights users have regarding their data, such as the right to access, modify, delete, or object to the processing of their personal data. We recall a case where our client omitted user rights entirely, leading to their policy being flagged. Providing clear instructions on how users can exercise their rights, including contact information or in-app mechanisms for data requests, is essential.
Prominent disclosure is essential for any collection or use of user data that extends beyond what a user might reasonably expect, such as data collection occurring in the background when the app is not actively being used. There have been instances where developers’ policies were flagged for failing to prominently display these disclosures during regular app usage. For example, one of our clients, who developed a fitness app, was using location data for a weather feature even when the app was not in use. Although this was disclosed in the privacy policy, the policy was still flagged. This practice was considered to exceed a user’s reasonable expectations, necessitating a more conspicuous disclosure. As a result, the client implemented a consent banner for when the weather feature is activated. Merely placing these disclosures in the privacy policy was viewed as insufficient and prominent disclosures during normal app usage where required.
Lastly, even apps that do not collect any user data must submit a privacy policy. We assisted a developer who initially thought their app didn’t need a privacy policy since it didn’t collect user data. However, Google Play requires a privacy policy submission for every app launched on its platform. To comply with Google Play’s requirements, a basic privacy policy document was submitted.
Navigating the practical challenges of creating privacy policies for apps on the Google Play Store requires careful attention to detail and an understanding of Google Play’s stringent requirements. Companies must ensure their policies are tailored to the specific data their app collects, clearly disclose their data usage and sharing practices, and comply with all regulations to protect user information. By addressing these common issues and avoiding common pitfalls, companies can ensure a smoother review process and timely launch of their apps on the Google Play Store. Additionally, adhering to these guidelines not only helps in achieving compliance with Google Play’s standards but also builds user trust by demonstrating a commitment to data privacy and security.
Authored by:
Natasha Menon
Associate – AMD LAW GROUP, India
Reviewed by:
Ragini Shah
Managing Partner – AMD LAW India
