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April 12th, 2016
New Online Tool Helps Mobile App Developers Manage Healthcare Compliance
Here is some news about an important new resource for mobile app developers working in the healthcare space. To help healthcare app developers assess which laws and regulations apply to their apps, the FTC, the Office of Civil Rights, and three federal healthcare agencies have teamed up on a new, easy-to-use, web-based tool. Now, by answering 10 yes-or-no questions, a developer can quickly determine important information - such as whether the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Food, Drug, and Cosmetic (FD&C) Act apply.
This tool was created because while mobile health related products are on the rise, compliance with health-related laws and regulations continue to be difficult to navigate. For example, the question of whether a health care vendor is a "business associate" under HIPPA, requiring it to implement stringent privacy and data security safeguards, is far from straightforward. And the question of whether the FDA considers your app to pose "minimal risk" (obviating the need to comply with the FD&C Act) is often difficult to discern. The new tool helps take some of the guess-work out of these and other important threshold questions.
Although the tool does not eliminate the need for legal advice, it may help streamline the first steps in your analysis.
For more information about this new online resource, or other data security and privacy developments, please contact S. Gregory Boyd, CIPPM at (212) 826 5581 or email@example.com, Jeremy S. Goldman, CIPP/US at (310) 579 9611 or firstname.lastname@example.org, Jessica Smith at (212) 705 4876 or email@example.com, or any other member of the Frankfurt Kurnit Technology Group.
Other Technology Law Alerts
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation.
February 16 2017
ZeniMax v. Oculus: Lessons from a $500 Million VR Case Verdict
The Oculus Rift has been one of the most anticipated technology developments in modern video game history. Now — as a result of avoidable mistakes — it is also a teaching case for lawyers advising clients in the interactive entertainment space. Here's a rundown of the case and the traps the developers fell into.
February 9 2017
Are Augmented Reality Games Liable for Depictions of Buildings, Trademarks or Artwork?
In the few weeks since its release, Pokémon™ GO has dominated the interactive entertainment landscape. The augmented reality game has reportedly achieved more than 30 million downloads and lots of buzz. But as its popularity grows, so do questions about its legal implications - including the use of landmarks, buildings, monuments, and other frequented locations.
July 27 2016