P4: Describe how the proposal conforms to meet all legal and regulatory requirements.
GDPR - General Data Protection Regulation The GDPR is a regulation in EU law on data protection and privacy for all individuals within the European Union. The new regulation comes into effect on 25th May 2018 and will apply to all 28 Member States of the EU. To allow my app to conform to this regulation, I will have to add in a feature where the user can look and accept what data they are sharing with us to see if they are okay with us using it. In terms of the data protection act ensures that shared data and personal information is protected and controlled and not used for other reasons than stated like card fraud. With my app I will be collecting personal information like passwords, emails, bank details and names. To conform to the regulations, I must ensure I keep this information safe and don't share it to third parties. This can be done by keeping the information hidden for me like bank details when sent through. Another way to keep the information safe is by not collecting to much and only asking for necessary data relevant to the app.
Copyright and Intellectual Property
The use of the music would also have to be certified by the PRS (Performing Rights Society for Music) which certifies organisations to play the music and make available copyrighted music to the organisation wanting to use it, so they can distribute the royalties. To conform to the copyright laws, I will have to ask permission to use music from an artist and their company. This ensures I don't get into any legal issues. I must pay to use music and music videos to gain access to using them especially because I will be gaining profit from the videos via the clothing.
App development Legal requirements
When developing my app I must consider the following regulations within the app: The first thing is the Confidential Agreement this is the communication between potential employees, partners, potential subsidiaries and app developers. This is the protection of information that only the company should be aware of, for example upcoming videos, new app feature. Intellectual Property Protection is important too because it will cover the company as I will trademark the company logo and name so no one can steal it for their own. I will also copyright the unique features of the app. Within my app I will need to include a privacy policy as the app will have personal information on it. A disclaimer on the app can help prevent misuse and legal issues later on my app.
Regulatory Bodies
ASA - Advertising Standards Authority I looked into the ASA because I will be advertising the app on other platforms and channels so I had to make sure my ads conform to the ASA guidelines. One section I looked at was "Section 3: Misleading Advertising" focusing on the code "Advertisements must not materially mislead or be likely to do so". This is relate because when advertising my app I could put information that isn't correct to sway the users to go on the app which is against the law. To ensure that I abide to this rule I need to make sure my adverts are 100% truthful and that I don't include content that is not realistic to sway my audience in a bias way. Another code I looked at was from "Section 4: Harm and Offence" was the rule "Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards". This rule applies to my app because it will meet a wide global audience because I want a mass audience that is international to raise my reach and profit. For this I will need to ensure my advert is appropriate for all round the world. Therefore it must be globally accepted, this means I will have to look at other advert regulations around the world to ensure I conform to all the advert regulations worldwide.
OFCOM - The Office of Communications When looking into OFCOM, there are a lot of different regulations I have to be aware of to ensure my app is safe and appropriate for all users. The first section I looked at was "Section Three: Crime, Disorder, Hatred and Abuse". With this section I need to look mainly at the rule stating "Material which contains abusive or derogatory treatment of individuals, groups, religions or communities, must not be included". To abide to this rule I need to self regulate the music videos i use to ensure they are appropriate for all users. If there is a music video with this kind of abuse in it, I must ensure that the content is educational. If this was to happen I would still have to think about the audience and maybe have restrictions on the video or a warning to reassure the audience and cover me. Another section I looked at was "Section 2: Harm and Offence". Within this section the rule "Programme must not include material that condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage other to copy such behaviour" is relevant to my app. This would relate to my music video feature of my app as some videos include harm within them and dangerous behaviour so I have to again self regulate the videos I show to ensure that the app is appropriate for all users. I may also need to put a warning under the video so people know its dangerous and don't copy it.
BBFC - British Board of Film Classification fhafaf PRS - Performing Rights Society This company certifies organisations to play the music and make available copyrighted music to the organisation wanting to use it. To conform to this I need to get a license for PRS to use the music so I am not breaking any laws using music without permission.
GDPR - General Data Protection Regulation The GDPR is a regulation in EU law on data protection and privacy for all individuals within the European Union. The new regulation comes into effect on 25th May 2018 and will apply to all 28 Member States of the EU.
How will it effect apps that we use? Snapchat - Snapchat plans to stop retaining certain data about users under the age of 16 in Europe, including precise location history, to comply with new EU privacy regulations. This means that they are going to protect under 16s in Europe in their personal data, such as their GPS location on World Map. A spokesperson for Snapchat told the newspaper it will no longer process/collect any data that might require parental consent. The level of detail on Snap Map has been flagged as a major privacy concern.
Youtube - YouTube has repeatedly outlined the ways it attempts to flag and delete hateful, violent, sexually explicit or harmful videos, but its screening efforts have often missed the mark. YouTube said Friday that it has made “significant changes to how we approach monetization” with “stricter policies, better controls and greater transparency”.
Facebook - First is control of personal info including sexual preference, religion and political views. Facebook is bringing facial recognition back to Europe. The Irish Data Protection commissioner who oversees the EU banned it in 2012. Users in the will get a chance to turn it on. Users might want to see warnings about possible impersonators using their face in their profile pics, but not be suggested as someone to tag in their friends’ photos. Facebook uses data collected about you from around the web to target users with ads and optimize its service. Facebook lets you block it from targeting you with ads based on data about your browsing behaviour The issue is that there’s no way to stop Facebook from using that data from personalizing your News Feed or optimizing other parts of its service If users in the age range 13 to 15 have shared their religious views, political views or sexual preference, Facebook requires them to either remove it or get parental consent to keep it. Users can select one of their Facebook friends or enter an email address, and that person is asked to give consent for their “child” to share sensitive info.
P5: Assess the ethical, social and moral impact your proposal could have on stakeholders.
There are a lot of ethical, social and moral issues that can arise within the app so I have to think before about some issues. I am doing this because I don't want my app to fall into legal issues and be sued. Here are some considerations I have made for ethical, social and moral issues:
Collecting Data - Its important for my app to collect data from users to personalise the content everyone sees to appeal to individuals. However with this data I must ensure that all the data I use and collect will definitely only be used to enhance the users experience.
How this could effect stakeholders If we did not take care of the data and ensure that no ones data is shared it would look bad to the stakeholders as they would see that our company is not reliable and safe so they wouldn't want to invest in case of law issues and getting fined.
Being transparent with user community - To ensure that I do not have any trouble with data protection, I will make sure that my apps privacy policy and GDPR agreements are easy to understand so that my user get the best experience out of it without being worried about what data is being shared.
How this could effect stakeholders If the app is not complying to GDPR regulations, the company could be fined. This is important for the stakeholders because it would make a big impact on their money and what they have invested in us. Also, if the app is unsafe and doesn't follow the regulations, customers won't feel safe using the app so will stop using it. This would also effect stakeholders because they'll lose money.
Personal data - Similar to what I have stated above, I am going to collection data that the user would be comfortable sharing that are relevant for my app. This has to be addressed because some users are not so comfortable sharing data as others so I have to think about this because I want my app to appeal to everyone. Information I need is email, passwords for sign up purposes as well as name, address and bank details. Some information I could use to help us personalise content for users could include, gender, liked music types, artists, style. However this information isn't mandatory and people can opt out.
How this could effect stakeholders If we collected personal data without the user permission this sis breaking the law our stakeholders need to know this because they could be in a lot of financial trouble if they don't know as people could sue us. We must ask the user permission to gather this data.
In terms of other content on the app including music video, some videos may be offensive for some viewers and not be suitable for anyone under the age of 18. A music video like Kanye West famous would be inappropriate for users under 18 so this video would either not be on the site to help prevent people being offended by it or have a warning under it so people know it has uncensored content only suitable for 18+.
How this could effect stakeholders If the apps content is not appropriate for all the user with no warnings or ratings the app can offend someone leading to complaints. For the stakeholder this means they lose money because they have invested in the product.
When using celebrities in our app we must be careful about the content we use so that no one is badly represented in a negative way. To ensure that our celebrities are safe we will be using only content approved by them and management, and nothing they do not want on the site is case of slander.
How this could effect stakeholders If the apps content is negative about celebrities we could be in big trouble as the celebrities company would sue us fro slander and false information which could destroy us. The stakeholder has to be sure that we don't have negative content that could potentially get them in trouble too.