Legal Checklist For Building And Launching An App
Apps are essential and expected for many business-to-customer organisations. Products and services aren’t just being made accessible via apps as an alternative option; many retailers and service providers are doing the majority of their business via their apps now. Between 59% and 72% of all online transactions in global e-commerce and digital finance are made on mobile devices, according to a 2026 Mobile Commerce Trends Report that also found that cart abandonment dropped to just 20% when shopping on mobile devices, versus 97% when shopping via desktop. So, for many customer-facing businesses, a mobile app will be essential.
Of course, some apps are the business. Think Duolingo, CapCut and Block Blast. And increasingly, apps are being built to create community. These are particularly appealing because mobile access means these spaces to connect, share, and engage with others now travel with us wherever we go.
Whatever kind of app you’re creating, though, or whatever the purpose behind it, the legal groundwork you’ll need to factor in will follow the same principles and call for the same key considerations.
Rushing through legal compliance is one of the most common (and costly) mistakes founders make when they're moving fast to ship a product. So we’ve created this legal checklist for building and launching an app: from developer agreements and IP ownership to the data protection documents you’ll need, and the processes to uphold them.
Legal Considerations When Building An App
Before building your app, you’ll need to consider ownership. This is simple if you’re developing the app yourself and not outsourcing anything at all, or if your developer works for your company, because their employment contract should mean everything they create for the business belongs to the company. However, if you are working with a developer or building something with a co-founder, you’ll want to establish legal agreements to determine who owns the intellectual property.
If you’re working with a freelance developer or agency, it’s important to work out what is fair and legally secure before any work commences.
Your agreement should cover:
IP assignment, so the app (and its code) belongs to you, not the developer
Specifications and functionality, clearly scoped
Confidentiality, especially if you're planning to patent any part of the idea
Fees, timelines, and what happens if the relationship breaks down
What Legal Agreements Do I Need When Building an App With a Co-Founder?
If you're not hiring outside of the business, but building with a co-founder or fellow founder, you’ll need a partnership agreement (or shareholders' agreement, depending on your structure), setting out who owns what, how decisions get made, and what happens if one of you wants out.
Without this, ownership can become legally ambiguous and cause issues if you part ways, or if the app is very successful and one party feels they should have more ownership rights than the other.
Should I Trade Mark My App?
You probably should trade mark your app name, as this will stop anyone else from being able to register it themselves and then stop you from using it.
First, check that the name is available. This should go further than a quick app search under the name; you must also check the trade mark register. Then, if your distinctive name and logo are available, apply to gov.uk to register your trade mark and protect your app against copycats seeking to piggyback off your success.
Check our Guide to Trade Marking in 2026 to learn more.
Legal Considerations For Using AI In App Development
AI tools are now a standard part of how apps get built, from code generation to AI-powered features inside the product itself.
Using AI can throw up questions around copyright and obligations, though, including -
Who owns code or content generated with AI assistance? Ownership isn't always straightforward, and it's worth confirming with your developer or checking the AI tool’s terms.
If your app uses AI features (chatbots, recommendation engines, generative content), are you obligated to disclose this to users? Although legally a grey area, transparency regarding AI-generated content is generally advised.
Source of training data - if your app uses AI trained on data of unclear provenance, that could pose an IP risk. Check sources and be wary of breaching anyone’s copyright.
Where is the data being stored – does the AI tool store data in countries outside the UK? You’ll need to check you have considered all the requirements under international data transfer requirements. See my guide on international data transfers.
Legal Documents You Need For Your App
Ready to launch your app? First, ensure you have all these essential legal documents to keep your app compliant -
EULA (End User Licence Agreement) – Basically, the document that gives users permission to use your app whilst protecting your IP. Your EULA governs how users can (and can't) use the app, and limits liability.
Privacy Policy – Almost every app collects personal data, so you will need a Privacy Policy. This must not be treated only as a necessary document but as one that underpins everything you actively do to protect user information (more on this in the next section).
User or Community Guidelines – If your app has any social or community element, you’ll need guidelines to set expectations for behaviour and content.
Moderation Policy – Apps that allow users to post, comment, or interact with each other need a clear policy on what behaviour and content is not tolerated and how this is enforced.
Most businesses that launch apps will also have a website, and you’ll need to display terms of use, your privacy policy and also a cookie policy on there too.
For more information on website compliance, see our Checklist for Launching a Website.
Ensuring Your App Complies With Data Protection (UK GDPR)
If your app collects any meaningful amount of personal data, or if you’re collecting sensitive data, a privacy policy alone isn't enough. You'll also need to establish processes for collecting, handling and processing data. You should also set parameters for how data will be secured, how long you’ll store this for and how/when you will destroy data. So, as well as your customer-facing Privacy Policy, you may also need:
DPIA (Data Protection Impact Assessment) - A structured risk assessment, required where processing is likely to pose a higher risk to individuals' privacy rights.
DPAs (Data Processing Agreements) - Contracts with any third party processing data on your behalf, such as cloud hosting providers or analytics tools.
ROPA (Record of Processing Activities) - A record that documents internal tracking of what data you collect, why, and where it goes.
Data Retention Policy - Your policy for setting out how long you keep data and when/how it gets deleted.
Getting this right from the start is essential. It’s easier to manage data well from the start than to play catch up, so don’t let your desperation to launch get in the way of establishing responsible data management. Not only will this cost you time later, but you could even find yourself not complying with your own Privacy Policy and potentially posing a risk to those who have trusted you with their data. That’s hard to recover from, from both a legal standpoint and in terms of brand trust.
Legal Compliance For Your App You Might Not Have Considered
We’ve shared some key considerations here when building an app, but there are some other regulations you may need to comply with. For instance, if advertising - for your business or for third-party advertisers - you should make sure you’re compliant with advertising standards set by CAP (Committee of Advertising Practice) and ASA (Advertising Standards Authority).
Platform terms are also important to get schooled in. When hosting your app on platforms such as the Apple Store or Google Play, you must meet their terms. Thoroughly review these before launching your app, but also ensure your rereview whenever a platform's terms are updated.Lastly, consumer law will be important if you’re marketing your app to individual consumers (not businesses). UK Consumer Rights outline how you can sell, refund rights, and communication guidelines too. Ensure you understand the consumer standards your app needs to meet when selling products or an app subscription to the public.
Need legal advice or documents created to ensure your app is compliant? Get in touch with Aubergine Legal and let me help you launch your app with everything you need to stay legally compliant.
