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I have an Android App which is already in the Play Store.

Now due to GDPR I am planning to improve my Privacy Policy and a Terms of service.

I am planning to add certain terms in my Terms of service some of which are:

  1. I am not responsible for any damage/loss caused to your phone by using my app.

  2. I am using certain services such as X,Y and Z services. And any collection, use or misuse of the data collected by those service I am not responsible.

I know that the above two points are not framed in an proper legal language but my question is that suppose the user is accepting those two points will it exempt me(My responsibility) from those two cases.

Any help would be grateful.

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2 Answers 2

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Term 1 isn't going to hold up, but that is not a GDPR matter. It's just a matter of basic consumer protection law in the EU. You can't offload responsibility for your mistakes.

Looking at 2, Dale M. already pointer out that it's now how the GDPR works. You are the Data Controller. X,Y and Z are Data Processors. Article 28(1) of the GDPR is in direct conflict with your disclaimer. You accept zero responsibility, the GDPR says you are fully responsible. That's the exact opposite.

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    You can of course sue X, Y or Z if their actions cause your user to sue you. That's a separate legal case.
    – MSalters
    May 18, 2018 at 23:06
  • Thanks for the answer. With reference to the first point can it be in this way that the user was aware that using this app may cause damage to his phone and still he used his discretion to use the app. I as a developer informed him the risks of using the app but then he agreed to continue at his risk, accepting that he would not blame/sue me later for any damage. Will this be considered that I am getting rid of my responsibility or an agreement with the end user?
    – Rajesh K
    May 19, 2018 at 14:40
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    @RajeshK: Sorry, but that's just a long-worded version. It's not a bad idea to warn the user about possible downsides, but that does not eliminate your responsibilities.
    – MSalters
    May 20, 2018 at 0:00
  • If a disclaimer says "this application, as part of its functionality, discloses information to third party Q. As of [date], Q has placed information about how it will use that information here: [link to Q's TOS].", how would it not be the user's responsibility to determine whether there was any information the user would not want to have disclosed to Q, and refrain from giving any such information to the application?
    – supercat
    Nov 20, 2020 at 19:11
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No it won’t

You cannot pass your responsibility for complying with the law on to someone else.

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  • Isn't that the premise of his proposal? He seems to be asking the end user to acknowledge that X, Y, and Z Services cannot pass their responsibility for complying with the law on to him.
    – bdb484
    Apr 28, 2018 at 23:09
  • @bdb484 The OP has a duty independent of X,Y and Z duties. If his app provides personal data to them then the She must ensure that the outsourcing is in accordance with the law.
    – Dale M ♦
    Apr 29, 2018 at 2:11
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    That may or may not be true. I think your answer would be improved if it included a citation to some sort of law saying so.
    – bdb484
    Apr 29, 2018 at 2:13
  • Thanks for the Answer. But will this answer apply for the first point also?. I have seen many apps putting this term in their terms of service.
    – Rajesh K
    Apr 29, 2018 at 8:59

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