by Antonia Dumas

Yesterday, Apple announced on its developer page that the new privacy disclosures will be required starting December 8, 2020. In particular, privacy disclosures will be required to submit new apps and app updates to the App Store starting on this date. (Check out our original breakdown of the Apple privacy updates expected in 2021 here).

Be Careful! You need to make sure your legal department and/or privacy office is involved before making any disclosures. Although the Account Holder or Admin is the designated role to answer Apple’s privacy questions, you have to ensure that you are making true and accurate disclosures and that the disclosures you make will not trigger unknown privacy obligations or potential liability.

In Apple’s announcement, it directs developers to look at the privacy details page to understand what you will need to provide (as previously discussed in our original post). Apple also provides additional guidance on how to provide app privacy information in the Apple Store Connect here.

Note, in general you should keep in mind the following:

• “You need to identify all of the data you or your third-party partners collect, unless the data meets all of the criteria for optional disclosure listed below.”

• “Your app’s privacy practices should follow the App Store Review Guidelines and all applicable laws.”

• “You’re responsible for keeping your responses accurate and up to date. If your practices change, update your responses in App Store Connect. You may update your answers at any time, and you do not need to submit an app update in order to change your answers.”

Apple emphasizes that you are responsible for keeping responses accurate and up to date. As a reminder, you will have to be prepared to address the following privacy details when answering the app privacy questions:

1. Data collection (types of data and your third-party partners)

2. Optional disclosures (for data types meeting certain criteria)

3. Types of data (comparing them to the list provided)

4. Data use (by you and your third-party partners)

5. Data linked to the user (via account, device or other details)

6. Tracking (and for what purpose)

7. Privacy links (required link to privacy policy and optional link to privacy choices)

Start preparing for the Apple privacy disclosures now!

For other things to consider as you prepare for Apple’s privacy changes (and changes to IDFA), check out our previous post on the Apple Updates here.