Do You Need a Lawyer Before Submitting Your App?

Have you ever wondered whether clicking submit on your app could land you in legal trouble... and the honest answer is that it depends on what your app actually does. The fact is that some apps can go live without any legal review at all, while others need proper legal guidance before you even start building them (learned that the hard way with a fintech project back in 2016).

Most developers focus on whether their app works well enough to pass app store review, but the real question is whether it complies with the legal frameworks that govern how apps collect data, handle payments, and operate in specific industries.

After building apps for healthcare providers, financial services companies, and e-commerce businesses over the past decade, I've seen projects delayed by months because of legal issues that should have been addressed early on. I've also seen founders spend thousands on legal fees for apps that needed minimal legal input. The key is understanding which category your app falls into.

App stores have their own requirements. Countries have their own laws. Industries have their own regulations. Where these overlap determines whether you need a lawyer sitting beside you or whether you can handle things yourself with some careful research and common sense.

Understanding App Store Legal Requirements

Apple and Google both publish guidelines that every app must follow, and these documents run to hundreds of pages because they cover everything from how you present screenshots to what your app is allowed to do in the background. The review process checks for technical compliance with these rules, but here's what many developers miss... the app stores aren't checking whether your app complies with actual laws in your target markets.

When you submit an app to the App Store or Google Play, you're agreeing that your app meets all applicable legal requirements in every country where you make it available. That's a contract between you and the platform. Breaking it can get your app removed and your developer account terminated. Understanding what happens during the Apple review process can help you prepare for potential compliance issues before they arise.

The platforms will check things like whether your app includes the required privacy policy link and whether you've declared what data you collect. They won't verify that your privacy policy is legally sound or that your data collection practices follow GDPR rules. That responsibility sits with you.

I worked on an educational app a few years back where we thought we'd covered everything... had the privacy policy, had the terms of service, app sailed through review. Three months later we got a letter from a law firm representing a university saying we'd used their trademarked name without permission in our marketing materials. Cost the client about 12 grand to settle. This situation could have been avoided with a proper trademark clearance process before launch.

Privacy Laws and Data Protection Compliance

The moment your app collects any information from users, privacy laws apply. GDPR in Europe, CCPA in California, dozens of other frameworks around the world. These aren't suggestions and the fines can be massive (up to 4% of annual turnover under GDPR, which sounds abstract until you realise that's potentially millions).

What Counts as Personal Data

Email addresses obviously count. So do names and phone numbers. But location data counts too, even approximate location. Device identifiers count. IP addresses count. Purchase history counts. Search queries often count. The list goes on.

Any analytics platform you integrate is collecting data. Any crash reporting tool is collecting data. Any authentication system is collecting data. If you're using Facebook Login or Sign in with Apple or Google Sign-In, you're processing personal data under these frameworks. Even when building an email list for your pre-launch marketing, privacy laws apply from the moment you start collecting subscriber information.

Get your privacy policy written before you start collecting emails for a beta test or waiting list. Too many developers think this is something to sort out before launch, but GDPR compliance is required the moment you collect any personal data, even from five beta testers.

Consent and Data Processing

Under GDPR you need a lawful basis for processing personal data, and for most apps that means getting proper consent. Pre-ticked boxes don't count. Consent has to be freely given, specific, informed, and unambiguous. Users need to know exactly what they're agreeing to and be able to withdraw consent later. Ignoring proper consent management can result in significant financial penalties and damage to your app's reputation.

For apps targeting children under 13 (or under 16 in some European countries), the rules get stricter. You need verifiable parental consent before collecting any personal data. This is where many educational apps and games run into problems. When designing educational apps, these consent requirements need to be built into the user experience from the ground up.

Terms of Service and End User License Agreements

Every app should have terms of service that explain what users can and can't do with your app, what happens if things go wrong, and how disputes get resolved. These documents protect you as much as they inform users.

The difference between terms of service and an end user license agreement comes down to what you're providing. If you're offering a service (like a social network or a productivity tool), you need terms of service. If you're licensing software for users to install and use, you need a EULA. Many apps need both.

Core Elements to Include

• Description of what your app does and what users can expect
• Acceptable use policy explaining what users cannot do
• Liability limitations that protect you if something goes wrong
• Termination rights allowing you to suspend or delete accounts
• Dispute resolution process including jurisdiction and governing law
• How you handle changes to the terms and notification requirements

A health and fitness app I worked on had users upload photos of their meals for nutritional tracking. The original terms didn't clearly state that users retained ownership of their photos but granted the app a license to process them. When we added a social feature where users could share meals, we needed to revise the terms to cover that new use case... and get existing users to accept the updated terms. This highlights why testing features thoroughly includes understanding their legal implications before implementation.

These documents need to be written in plain language that actual humans can understand. Courts in several countries have thrown out terms of service that were deliberately confusing or buried important clauses in legal jargon. Your terms need to be accessible, and users need a genuine opportunity to read them before agreeing.

Intellectual Property Rights and Third-Party Content

Copyright infringement claims are one of the fastest ways to get your app pulled from stores, and they can lead to expensive legal action. This covers everything from the images and icons you use to the music playing in the background to the fonts displaying your text.

Assuming that something is free to use because you found it on the internet is probably the most expensive mistake developers make when building apps.

Stock photo sites offer different license types. Some allow commercial use in apps, others don't. Some require attribution, others don't. Some licenses are per-project, others are subscription-based. Reading the actual license agreement takes ten minutes and can save you from a claim worth thousands.

Third-Party Libraries and Open Source Code

Most apps use open source libraries and frameworks. React Native itself is open source. The Firebase SDK is open source. These come with licenses that specify how you can use them. Some are permissive (like MIT or Apache licenses) and let you do almost anything. Others (like GPL) require you to open source your own code if you use them.

I've reviewed apps that included GPL-licensed code without realising they were now legally required to make their entire app open source. That's not a problem if you're planning to open source anyway, but if you're building a commercial app with proprietary features, it's a massive issue.

Trademark issues come up frequently with apps that mention other companies or products. An app that helps users track their Amazon orders needs to be careful about how it uses Amazon's name and logo. An app that integrates with Spotify needs to follow Spotify's brand guidelines. Using trademarked terms in your app name can lead to rejection or legal action.

Payment Processing and Financial Regulations

The moment your app handles money, regulatory requirements multiply. If you're just selling your own digital products through Apple's In-App Purchase or Google Play Billing, the platforms handle most of the compliance. But if you're processing payments directly, accepting tips, facilitating transactions between users, or handling any kind of financial service, you're entering regulated territory.

Payment Card Industry Data Security Standards (PCI DSS) apply if you're processing, storing, or transmitting credit card data. The compliance levels vary based on transaction volume, but even the lowest tier requires specific security measures and annual self-assessment questionnaires. Most developers use payment processors like Stripe or PayPal specifically to avoid handling card data themselves and the compliance burden that comes with it.

Money transmission laws apply to apps that move money between users. A marketplace app where users can buy and sell items. A splitting-the-bill app that collects money from a group and pays one person. A tipping app where fans can send money to creators. These often require money transmitter licenses in multiple jurisdictions, and the costs can run into tens of thousands before you process a single transaction.

We built a peer-to-peer marketplace app for a client who wanted to handle payments directly rather than using Stripe Connect. The legal research alone revealed they'd need money transmitter licenses in 47 US states, each with different requirements and fees. Switched to Stripe Connect and let them handle that compliance burden (incredible really how much complexity a good payment processor absorbs).

Industry-Specific Legal Requirements

Healthcare apps face some of the strictest regulations. If your app collects health data, you might need to comply with HIPAA in the US, which means implementing specific technical safeguards, signing business associate agreements with any vendors who touch the data, and maintaining detailed audit logs. Medical device regulations can apply if your app is used to diagnose, treat, cure, or prevent disease.

Financial Services Applications

Banking apps, investment platforms, cryptocurrency exchanges... these operate under financial services regulations that vary by country. In the UK, you might need authorisation from the Financial Conduct Authority. In the US, different states have different requirements. These aren't optional and operating without proper authorisation can result in criminal charges, not just fines. Insurance apps also face similar regulatory complexity, requiring clear communication about policy terms and claims processes while maintaining compliance with industry standards.

An app that provides financial advice might need advisors with specific qualifications. An app that facilitates securities trading needs to comply with trading regulations. An app that offers insurance needs to follow insurance regulations. The definition of what counts as a financial service is broader than many developers realise.

If your app operates in a regulated industry, speak to a lawyer who specialises in that industry before you write a single line of code. I've seen teams build entire apps only to discover they can't legally operate without licenses that take months to obtain and cost more than their entire development budget.

Apps Targeting Children

COPPA in the US and similar laws in other countries impose strict requirements on apps directed at children under 13. You need to get verifiable parental consent before collecting personal information. You can't show behavioural advertising. You need to limit data collection to what's necessary for the app to function. Many general-audience apps specifically exclude children under 13 from their terms just to avoid these requirements.

When Legal Review Becomes Non-Negotiable

Some situations require legal advice before you launch. Not because it would be nice to have, but because proceeding without it creates unacceptable risk to your business and potentially to your users.

User-generated content platforms need DMCA takedown procedures (or equivalent in other jurisdictions) to protect themselves from liability for copyright infringement by users. You need terms that clearly prohibit illegal content. You need moderation systems to catch prohibited material. You need processes to respond to legal requests. Many developers underestimate this challenge when they see low user engagement with their social features – sometimes the legal complexity of content moderation makes these features impractical for smaller teams.

Apps with subscription billing need to comply with auto-renewal disclosure requirements that vary by platform and jurisdiction. California has specific laws about how subscription terms must be presented and how cancellation must work. The EU has rules about cooling-off periods and refunds.

If you're collecting sensitive personal data (health information, financial data, biometric data, location tracking), the legal requirements intensify. You need stronger security measures. You need data processing agreements with any third parties. You need clear justification for why you're collecting this data.

Working with Legal Professionals on App Projects

Finding the right lawyer means finding someone who understands both technology and the specific legal areas your app touches. A general business lawyer probably isn't equipped to advise on GDPR compliance or medical device regulations. You need specialists.

The cost of legal advice before launch is almost always less than the cost of fixing legal problems after launch, and dramatically less than the cost of defending yourself in litigation or paying regulatory fines.

For straightforward apps that don't operate in regulated industries and don't handle sensitive data, you might only need a lawyer to review your privacy policy and terms of service. Budget somewhere between £800 and £2,000 for document review and revisions from a decent technology lawyer.

For apps in regulated industries or apps with complex data handling, budget more. A proper legal review of a healthcare app might cost £5,000 to £15,000 depending on complexity. A fintech app might need even more if you're navigating licensing requirements.

What to Prepare Before Meeting Legal Counsel

Lawyers charge by the hour, so the more prepared you are, the less you'll spend. Document exactly what your app does, what data it collects, how that data is processed and stored, what third-party services you use, who your target users are, and which countries you'll operate in.

If you're using template privacy policies or terms of service from the internet, bring those to your lawyer rather than presenting them as final. Templates are starting points but they need customisation to match your actual practices and protect your actual business.

Ask about ongoing legal support, not just one-time document review. As your app evolves and adds features, you'll need to update your legal documents. As regulations change, you'll need to update your compliance measures. A relationship with a lawyer who knows your product is worth having.

Conclusion

Most apps need some legal input, but not all apps need extensive legal review before launch. A simple utility app that doesn't collect user data beyond an email address for account creation can probably manage with template documents and careful review of app store guidelines. A healthcare app that processes patient data absolutely needs proper legal counsel before you start building.

The pattern I've seen over ten years is that developers who address legal requirements early spend less money and encounter fewer problems than those who treat legal compliance as an afterthought. Legal issues rarely get cheaper to fix as time goes on (took me ages to realise this).

Think about what your app actually does. Look at the data it collects. Consider the industry it operates in. If any of those raise questions about regulatory requirements or legal liability, talk to a lawyer who specialises in that area. If your app is straightforward and doesn't touch sensitive areas, educate yourself on the basics and have a lawyer review your documents before launch.

The goal isn't to avoid lawyers out of fear of costs... the goal is to use legal expertise where it provides the most value and protection for your business and your users.

If you're working on an app project and need help thinking through the technical and legal requirements, get in touch and we can talk through your specific situation.

Frequently Asked Questions