Preparing your Privacy Policy for Apple Arcade

With the recent launch of Apple Arcade, we’re encountering a rush of clients seeking advice on how to make their Privacy Policy compliant with Apple Arcade rules. Apple Arcade requires a different Privacy Policy than the iOS store and submitting your standard Privacy Policy will most likely result in your title being rejected from Apple Arcade.

While we have yet to encounter a published instruction manual for Apple Arcade Privacy Policy compliance, we have noticed the following three trends:

1. Heavy Focus on Limiting Information Collection. Apple is taking data protection seriously and an Arcade-compliant Privacy Policy must limit its information collection to only that information that a developer truly requires. In most cases, Apple will question each item of information collected and require substantive backing for why such information must be collected. Ultimately, don’t be surprised to discover that the final product is a stripped-down Privacy Policy in which you collect very little information, even if this causes the information collection practices of the same game across different platforms to vary.
2. Active Review Process. Apple is very involved in each Privacy Policy and anticipate a formal review process (as compared to the seamless process you see in the iOS store). Each clause is closely scrutinized and Apple will push back on each item of information collected, even going so far as to suggest ideal language.
3. Review is Inconsistent. Perhaps reflecting the absence of a published manual for Arcade Privacy Policies (we’ve yet to locate one), each review proceeds differently and what raises issues for one review may not for you. We have been surprised to discover that a clause accepted for one game will be rejected for a different game. Eventually Apple will develop constituent review standards but until then it’s important to work with legal counsel that has done Arcade deals in the past and can put that knowledge to work when negotiating with Apple.

Launching on Apple Arcade is still novel and Apple is still getting up to speed with the Privacy Policy review process. As such, it’s important to work with legal counsel that’s familiar with the Arcade review process to ensure your title passes review quickly.