Must the Privacy Policy be Included In-App, or is a Hyperlink Good Enough?

Question

The title says it: I'm wondering if my company has to have a copy of our app's Privacy Policy included in the actual software package.

On the one hand, I could see a copy of the Policy being required, as otherwise users who are not connected to the Internet would have no way of knowing their rights and/or which data the app collects. On the other hand, most users are connected to the Internet (at least when they download the app and are most likely to want to view the Policy), and a hyperlink could always point to the latest update of the Policy, which is better than waiting on review of a package update with the app store before the new Policy is available in-app. I know the answer probably depends on which privacy laws with which my company is trying to comply, but please assume that we are trying to comply with "all the laws".

Bonus question: Same question, regarding Terms of Use and Licences :)

Answer 1

Reads to me like you're answering your own question.

For the most part, users must have the opportunity to view the privacy policy before the data is actually used. For mobile apps/apps there are various options to fulfil this obligation:

• Making the privacy policy available on the App Store;
• Display inside the app and immediately before the first start of the App;

After that, the privacy policy must be easily accessible within the app at any time. A link to the app's privacy policy is likely generally sufficient (easily findable, e.g. main menu under Legal, Privacy Policy etc.)

I remember having read the requirement on at least one privacy authority's site, but can't find it on a whim:

"If data is also collected offline and automatically transmitted to the provider the next time the app is connected to the Internet, the data protection statement must be stored in the app itself and must also be readable offline".