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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 gboyd@fkks.com, Jeremy S. Goldman, CIPP/US at (310) 579 9611 or jgoldman@fkks.com, Jessica Smith at (212) 705 4876 or jsmith@fkks.com, or any other member of the Frankfurt Kurnit Technology Group.
Other Technology Law Alerts
‘Spectacularly Transformative’ — and Still Liable: The AI Copyright Showdown Begins
In the first federal court ruling on whether training generative AI models with copyrighted materials constitutes fair use, U.S. District Judge William Alsup issued a mixed but monumental decision on June 24, 2025, in Bartz et al. v. Anthropic PBC (N.D. Cal., No. 24-05417 WHA). The judge hailed Anthropic’s Claude model as “among the most transformative many of us will see in our lifetimes,” noting its ability to mimic human reasoning and writing by processing millions of digitized texts. He found that the use of copyrighted books to train such models was “spectacularly transformative,” stating that the LLMs “trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different.” Read more.
June 26 2025
Risky Business Just Got Riskier - DOJ Changes Stance on Internet Gambling
Last week the U.S. Department of Justice (DOJ) made waves in the online gambling industry with an Opinion interpreting the Wire Act (18 U.S.C. § 1084). In the Opinion, DOJ's Office of Legal Counsel concluded that most sections of the Wire Act are not limited to sports-related wagers and instead prohibit the use of interstate wires for any bets or wagers. Read more.
January 23 2019
Video Games With Advanced Communications Services Must Now Be Accessible to Players With Disabilities
An important legal waiver recently expired and as a result, video game developers and publishers must now ensure that new and substantially upgraded games comply with the accessibility requirements of the 21st Century Communications and Video Accessibility Act (“CVAA”). Read more.
January 7 2019
