15 January 2025

Can We Use This App for Our Scuba Diving Club? Why Compliance Gives You the Competitive Edge

By Jess Pembroke, Director of Information Law Services

At Naomi Korn Associates, we understand the value of your intellectual property, but having the most innovative products isn’t always enough to win business. Decision-makers are not only looking for the best product but also for companies they can trust with their and their stakeholder’s data.

Concerns about the use of games by young people have been around since the introduction of gaming and television. Recently, media attention has focused on attention spans and their intersection with education, leading to the Department for Education issuing new Mobile Phones in Schools guidance on 19 February 2024 [Mobile phones in schools – GOV.UK].

Rather than viewing legislation and codes of practice as barriers to distributing games, I think it’s better to be proactive and promote how a product meets standards such as those set out in the ICO Children’s Code [New guidance to industry issued for game developers on protecting children | ICO].

As Data Protection Officer (DPO) for numerous schools, colleges, and universities, we are often asked by procurement teams what data protection questions they should be asking suppliers when purchasing games, apps, or software services.

For example, when assessing the app for our scuba diving club, we conducted a thorough review of their website and documentation. In lots of these supplier assessments, we find good privacy notices and statements on cybersecurity, but I often see a confusion among suppliers about GDPR requirements. In such cases, as a DPO we may advise against selecting that product.

To gain a competitive edge, suppliers should be prepared to answer the following questions:

• How do you ensure compliance with GDPR and other relevant data protection regulations?
• How do you demonstrate that we protect and safeguard children’s privacy rights
• What measures are in place to protect user data?
• Can you provide documentation on your cybersecurity practices?
• How do you handle data breaches, and what is your response plan?

Naomi Korn Associates can assist you in proactively demonstrating your compliance, so that you can show your commitment to data protection and build trust with potential buyers. We offer a range of practical services to help your business with Data Protection, Copyright and IP.

Naomi Korn Associates are thrilled to be newly minted UKIE members and are offering UKIE members 15% off our comprehensive CPD accredited training courses. For more information, find us in the UKIE Directory of Member Benefits or email our Training Manager at info@naomikorn.com.